























LIBRARY OF CONGRESS. 

Chap.-.- Copyright No._ 

shemJ.K.ruas 

—-_im 

UNITED STATES OF AMEl^ 











t 









* 











































































































CIVICS 


OF 

MONTANA 


JOHN F. DAVIES 

tf 

AND 

JOHN F. DAVIES 



BUTTE, MONTANA 


Sold by B. E. Calkins 7]^ Inter Mountain, Print 






(s> 

ns 


Copyright, Nov. 26, 1895. 

BY 

John F. Davies 
and 

John F. Davies. 












DEDICATION 


TO HIS EXCELLENCY, 

Governor John E. Rickards, 

whose long residence in the Territory and State of Montana, and 
whose many years of political service 
have given him pre-eminent influence in the councils of the State, 
and powerfully affected 
its permanent organization and destiny, 

This Volume 

is respectfully dedicated by 


THE AUTHORS. 








/ 



























PREFACE. 


As the codes of the state of Montana require the 
civics of Montana to be taught in the schools, the 
object of the compilers has been to provide a satisfac¬ 
tory text book on the subject. Accuracy rather than 
originality has been aimed at and special care has been 
taken to verify all statements made. 

The compilers believe that our scheme of govern¬ 
ment is not perfect, and that our citizens have not yet 
attained the highest possible degree of intelligence and 
virtue. But they also believe that, with all of its 
faults, our scheme of government is the best yet 
essayed by man; and that our citizens are inferior to 
those of no other country in the qualities that con¬ 
tribute to a nation’s greatness. 

In this book they have tried to expound no theories 
of their own. They have attempted to select the 
most general features of our political system and so 
arrange them that they may be easily comprehended 
and studied in the schools. It is their belief that the 
pupils should first learn the facts and then develop 
their own theories. For thus is the best citizenship 
attainable. 

In the compilation of the book the state constitution 



and the codes have been followed very closely, even to 
the extent of largely following the language for the 
sake of brevity. They believe that every statement 
rests upon competent authority to which they cheer¬ 
fully refer teacher and student. 

The plan of selection and arrangement they believe 
is their own. 

The full text of the state constitution can be 
obtained from the Secretary of State by those teachers 
who desire it. 

The references to various authorities have been made 
by Hon. E. S. Booth, who was chairman of the Com¬ 
mittee on Codes in the last Legislative Assembly, and 
who is probably inferior to no other person in the state 
in knowledge of their contents. 

Librarian Fk. C. Patten of Helena has rendered 
valuable aid in the compilation of the Bibliography 
and other friends have cheerfully assisted us. 

John F. Davies. 

Butte, Mont., Christmas, 1895. 


TABLE OF CONTENTS. 


PAGE 

Chapter I. Introductory. 11 

Chapter II. History of Montana - 20 

Chapter III. Municipal and Township Govern¬ 
ment - 26 

Chapter IV. County Government - 33 

Chapter V. Education -------- 39 

Chapter VI. State Government - - - - - f *51 

Chapter VII. Executive.55 

Chapter VIII. Legislative ------- 62 

Chapter IX. Judicial -------- 72 

Chapter X. Finance -------- 84 

Chapter XI. Relations between the United 
States and the State Govern¬ 
ment -------- 93 

Chapter XII. Citizenship ------- 102 

Scheme of Succession and Appointment in case 

of Vacancy ---------- 108 

Appendix: 

Summaries of Montana Statistics - - - - - 109 
Bibliography of Montana ------ 116 

Glossary of Legal Terms - - - - - - - 125 
Index - - - -.- - - - 126 














“ Go tby fellow-countrymen, tbou sbalt preacb tbe gospel 
of tbe IRew “Morlb; tbat bere, bere In our America, Is tbe 
borne of man; tbat bere Is tbe promise of a new anb more 
excellent social state tban bistory bas recorbeb.” 

— Btnerson. 


CIVICS OF MONTANA. 

-H-K-0--C— 

CHAPTER I. 

INTRODUCTORY. 

Sources of Civil Government. —In studying the 
civil government of Montana we are obliged to con¬ 
sider : 

1st. The Constitution of the United States. 

2d. The Constitution of Montana. 

3d. The acts and resolves of the Legislative Assem¬ 
bly of Montana, including the Civil and Political 
Codes, the Code of Civil Procedure, and the Penal 
Code. 

4th. The decisions of the courts of the state and 
territory of Montana. 

5th. The common law, except where its principles 
are covered by one of the above mentioned sources. 

United States Constitution. —The Constitution of 
the United States guarantees certain rights to the peo¬ 
ple, and regulates the relations between the various 
states. Applied to a state, Montana for instance, 
it indicates w T hat functions of government it must not 
exercise. It forbids withholding the protection of its 
laws from citizens of other states. It tells the part 



12 


CIVICS OF MONTANA. 


that the state has in’making and exercising the general 
laws of the nation ; and defines the process to which 
it must resort, should it have causes of complaint 
against other states. 

Thus we see that the Constitution of the United 
States is an essential part of the constitution of every 
separate state, and that it can never be disregarded in 
a special book on civics. 1 

Treaties. —All questions respecting relations with 
foreign governments and Indian tribes are under con¬ 
trol of the National government. Hence all treaties 
and the acknowledged principles of international law 
are equally binding on a state with the provisions of 
the federal constitution. 

Constitution of Montana. —The Constitution of 
Montana is the fundamental law of the commonwealth. 
It was adopted by the action of the people through a 
convention of their representatives, and afterwards 
ratified by a popular vote. It shows as clearly as can 
possibly be done what principles of government the 
people consider fixed, and what can be changed by the 
action of their representatives. At all times it is 
supposed to indicate the exact will of the people. All 
laws that the legislative assembly may pass must be in 
harmony with the constitution, or they are absolutely 
worthless. All public officers, elected or appointed, 
in the State of Montana, are sworn to act in accord 


1 Story’s Commentaries on the Constitution; Walker's American Law; 
Cooley’s Constitutional Limitations; Hare’s Constitutional Law; The 
Federalist. 



INTRODUCTORY. 


13 


with the constitution and to carry out its provisions. 
Should they fail to do this they are liable to impeach¬ 
ment—the strongest political rebuke—and may also be 
punished for any transgression of the laws that may 
accompany their action. 

Changes in Constitution. — At any time when it is 
apparent that the constitution does not express the 
desires of the citizens of the state, it should be so 
changed as to reflect their desires. Directions how to 
do this are contained in the instrument itself. 1 If 
the disagreement with public sentiment consists only 
in one or two provisions of the constitution it should 
be amended. If many of its principles do not agree 
with the will of the people, the constitution should be 
made entirely void, as soon as a satisfactory constitu¬ 
tion is obtained in a proper manner. 

This provision for changing a constitution is not an 
empty theory. Not a year passes without important 
alterations being made in some of the states of the 
Union. With the exception of those states which have 
recently been admitted, the entire document has been 
abrogated and another adopted instead, at least once in 
every state. 

Written Constitutions.- The Constitution of the 
United States and that of Montana are written docu¬ 
ments. So common is this conception to the American 
people that we hardly conceive of the possibility of an 
unwritten constitution. But nations have existed and 


1 Constitution of Montana, Art. xix, Sec. 8. 



14 


CIVICS OF MONTANA. 


flourished without any written instrument of this 
nature, and yet they all have had actual constitutions. 
England is the most important example of such a 
nation in modern times. 

The written constitution, nevertheless, is a device 
very ancient in its origin, and so common in modern 
times that it is generally considered natural and essen¬ 
tial to any federal government, whether republican or 
monarchical. 

Acts of the Legislative Assembly.— The Legisla¬ 
tive Assembly is directed to enforce the provisions of 
the constitution by proper legislation. It is also 
empowered to pass laws, not in conflict with the con¬ 
stitution, in regard to all matters pertaining to the 
interests of the state. 

The general principles of legislation have been 
expressed in four classified codes, known as The Civil 
Code, The Political Code, The Code of Civil Proced¬ 
ure, and The Penal Code. These codes, in connection 
with the constitution, cover all the rights, duties 
and privileges of the citizens, except where amended 
by the Assembly or annulled by the decisions of the 
courts. 

Judicial Interpretations. — The province of the 
courts, as affecting the civil government of the state, 
is to interpret the constitution and the laws passed by 
the legislature. No written document can be so accu¬ 
rately constructed that different opinions may not arise 
as to what it really means in every possible application. 
In our nation and its various states, it has been 


INTRODUCTORY. 


15 


agreed that any disputes as to meaning may be 
referred to the regularly established courts, and that 
their decision shall be final. This power giv r en to the 
judiciary is the one invention of the framers of the 
Constitution of the United States, and may be almost 
said to be original with them. In any matters affect¬ 
ing the National Constitution, treaties or a United 
States statute, the federal courts must decide. In 
most other particulars the decision rests with the state 
courts. 1 

This power of declaring the law, as it is called, has 
an additional meaning as applied to the acts of the 
Legislative Assembly, besides what it has when applied 
to the constitution. The courts may not only say 
what is meant by a law, but it also is frequently called 
upon to decide whether or not a law is in harmony with 
the constitution of the state. If it is not so in har¬ 
mony, it is of no effect. 

Indirect Action of the Courts. —It should be stated, 
however, that this power of interpreting the laws is 
never exercised directly. The legislators are always 
supposed to have in mind the necessity of conforming 
their acts to the principles laid down in the constitu¬ 
tion. But whether they have done so or not, and 
whether the law is or is not constitutional can never be 
certainly known until a dispute arises over its enforce¬ 
ment. When such a condition arises, the person who 
considers himself wronged may bring the subject to 


1 Walker’s American Law, p. 116; Curtis’ Jurisdiction of Courts; Desty’s 
Federal Procedure. 



16 


CIVICS OF MONTANA. 


the attention of the courts, stating that the law is not 
binding on him because its application to his case is 
not authorized by the constitution. If the court 
decides that his interpretation is correct, the law fails 
as applied to the test case, and to all cases which are 
like it in principle. It may still be that the law is 
effective when applied to other cases, but it very fre¬ 
quently happens that it becomes entirely void. 

In this way it happens that the functions of the 
courts become exceedingly important as affecting the 
civil ofovernment of the state, and can not be over- 
looked in a treatise of this sort. 

Common Law. — But in spite of the greatest attempts 
which may be made to secure completeness, cases are 
continually occurring in which all of the above sources 
of authority fail to make clear the principle involved. 
In such instances recourse is had to what is termed the 
common law, this consisting of an innumerable number 
of decisions of courts of other states, of United States 
courts and of English courts before the establishment 
of our national judiciary, as well as opinions of com¬ 
mentators on various special branches of the law, and 
other material available only to thoroughly equipped 
lawyers. 

The common law as such is not of direct authority, 
but is practically so considered when all of the 
above mentioned sources are found inadequate. It is 
powerful in its influence, and can never be left out of 
account in considering the civil and political rights of 
a people. 


INTRODUCTORY. 


17 


These five sources of authority would require vol¬ 
uminous treatment even to partially elucidate. But it 
is thought best to mention them here as being essential 
authorities for any student of the subject of this book. 
One or two of them will be slightly developed in suc¬ 
ceeding chapters. But we shall be unable even to 
allude further to the others in the space at our com¬ 
mand. 1 

Graphical Outline.— For making clear the relation 
existing between the varied authorities, we call atten¬ 
tion to the following diagram composed of concentric 
circles. The central circle is occupied by the United 
States Constitution, being the fundamental expression 
of the nation. Just outside of this we place the Con¬ 
stitution of Montana, as expressing the conception of 
our people respecting the state government, this involv¬ 
ing the application of the National Constitution to the 
interests of our commonwealth. The next outer circle 
indicates the action of the representatives of the people 
in applying the principles laid down. 

The outside circle is devoted to the Common Law, as 
expressing the general opinion of English-speaking 
people, respecting otherwise undefined rights, duties 
and privileges. 

While running across the center of all the spheres, 
the line of Judicial Decisions refers to the importance 
of the courts in defining and applying the principles 
expressed by the different authorities : 

1 Walker’s American Law; Blackstone’s Commentaries; The Institutes; 
Kent’s Commentaries. 



18 


CIVICS OF MONTANA. 



























INTRODUCTORY. 


19 


OUTLINES FOR STUDY. 


I . Written. 

1 1 . United States. 

1 2 . Montana. 


CONSTITUTIONS. 

2. Unwritten. 

2 1 . England. 

2 2 . _ 


3. Direct Legislation (Frame Work). 

4. Legislate Directly (New State Const.). 

5. Enforcement of Provisions. 8. Affected by Common Law. 

6. Change—How Effected. 9. Affected by Treaties and 

International Law. 


6 1 . Legislature—People. 

6 2 . Legislature—Convention—People. 

7. Judiciary—Interpretations. 


To Teachers.—Do not have children commit words of the book. Have 
them discuss the subject matter freely. Elicit all that they know upon the 
subject, then induce them to ask questions and aid them in securing the infor¬ 
mation. Be sure that they know all about the political affairs at home. 
This book does not presume to cover all the ground, but is simply a guide to 
school room work. 







20 


CIVICS OF MONTANA. 


CHAPTER II. 

HISTORY OF MONTANA. 

Physical Description —The State of Montana is 
included between 44° 6' and 49° north latitude, and 
104° and 116° west longitude, its greatest length being 
540 miles and its average width 275 miles. Its area 
is 146,080 square miles. It is thus third largest 
among the United States. The elevation varies from 
about 2,000 feet to more than 10,000 feet above sea 
level, and averages 3,400 feet. The surface exhibits a 
great variety of features from level prairie to rugged 
mountain. Lakes and rivers in great number furnish 
an abundant water supply. 

Early History. —The country was first known to 
the whites in 1742, when Chevalier de la Verandrye, 
sent out by the French governor of Quebec, with his 
brother and two French-Canadians, accompanied by a 
large war party of Sioux, ascended the Missouri river. 
January 1, 1743, they arrived at the Gate of the 
Mountains, about twenty miles from the present site of 
Helena. They appear to have remained in Montana 
and Wyoming for upwards of a year. Before depart¬ 
ing they are reported to have erected a monument and 
buried beneath it a leaden plate bearing the arms of 
France. The location of this monument is not known, 


HISTORY OF MONTANA. 


21 


though it is generally thought to be near the great 
falls of the Missouri. Claims have been made of dis¬ 
covery, but the essential proof—the leaden plate—has 
not been furnished. 

For a space of upwards of fifty years the region, 
though frequently visited by trappers and Jesuit mis¬ 
sionaries, remained unknown to history. The main 
lines of travel from the Mississippi and the great lakes 
passed on either side, but Montana’s many passes were 
largely unused. 

Lewis and Clarke and Fur Traders. —The next 
historic event was in 1804, when Captains Lewis and 
Clarke crossed Montana on their famous expedition. A 
few years later the Missouri Fur Company, the Rocky 
Mountain Fur Company and the American Fur Com¬ 
pany were organized and operated in this region. For 
many years all the supplies w r ere taken overland, 
mainly by human labor from St. Louis, a distance of 
2,000 miles. But in 1832 the steamboat Yellowstone 
ascended to Fort Union, which was built by Alex. Cul¬ 
bertson in 1829, being the first fort on the Missouri 
river above the Yellowstone. 

Fort Union was not, however, the first settlement in 
Montana. In 1809, only a few years after the Lewis 
and Clarke expedition, a trading post was established 
on the Yellowstone by Emanuel Lisa, and in 1822 an¬ 
other was built on the same river by General Ashley. 

Old Fort Benton was founded in 1846, and became 
United States property in 1869. 

Missionaries and Gold Diggers. — Besides the ; 


22 


CIVICS OF MONTANA. 


scattered records of the fur traders, the history of Mon¬ 
tana before 1860 is occupied mainly with the mission¬ 
ary labors of Father De Smet and his associates among 
the Flathead Indians, beginning in 1840. About 1855, 
however, rumors of gold in Montana began to be whis¬ 
pered about. These were followed by rich discoveries 
in 1861 and since then the development of its mines 
has fixed upon Montana the name of The Bonanza State . 
Gold dust to the amount of $25,000,000 was taken 
from Alder Gulch within a few months. Last Chance 
Gulch, where Helena now stands, produced great for¬ 
tunes. The placer claims of the Silver Bow district 
were worked with great success for a few years and 
then the boom collapsed, until the introduction of mod¬ 
ern machinery made available the extensive leads of 
gold and silver and copper that produce the perma¬ 
nent prosperity of Butte. 

Indian Troubles. —Until 1877 continual troubles 
existed with the Indians during which, besides the petty 
raids and constant peril of life, some considerable bat¬ 
tles w T ere fought. In 1866 a disastrous engagement 
occurred near Fort Philip Kearney on the Big Horn 
river. In June, 1876, the most direful calamity in the 
history of the state occurred when the force of General 
Custer was annihilated in the battle of the Little Big 
Horn. Within a year, however, a series of victories 
under the direction of General Miles had destroyed the 
power of the Indians. Perhaps the most decisive of 
these victories was the battle of the Big Hole, where 
General Gibbons was in immediate command. 


HISTORY OF MONTANA. 


23 


Rapid Increase of Population. —Meanwhile the 
story of the wealth obtainable in Montana spread 
abroad and the population rapidly increased. The 
most conspicuous industry was mining, but agriculture 
and sheep raising found also many followers. The 
population doubled between 1870 and 1880. The in¬ 
crease was even greater between 1880 and 1890. Vast 
streams of wealth flowed out of the country. 

Until 1864 the region now known as Montana was 
included in the jurisdiction of other territories, but in 
that year it was separated with nearly its present 
boundaries. It is worthy of note that Montana was 
the flrst territory created after the emancipation of the 
slaves, and hence the first commonwealth where the 
constitution recognized the black man as having the 
same political rights as the white. 

State Government. —For nearly twenty years the 
new territory rested content. But increase of popula¬ 
tion and wealth resulted in a desire that Montana should 
take its proper place in the sisterhood of states. In 
January, 1884, a convention met at Helena, which 
adopted a State Constitution. This was approved by 
vote of the people in November of the same year. But 
the time was not yet. Congress refused the needed 
sanction and another half decade of waiting was re¬ 
quired. The goal of statehood was finally reached in 
1889. On the 22d of February the Enabling Act was 
signed by the President of the United States. The 
Constitutional Convention met at Helena July 4th, and 
concluded its labors August 19th. The Constitution 


24 


CIVICS OF MONTANA. 


then framed was approved by the people at a special 
election in October, and on the 8th of November was 
issued the proclamation recognizing Montana as one of 
the galaxy of states. 

Organization of State Government. —Since then 
the work of completing the organization has gone 
steadily forward. Four legislative assemblies have 
been chosen and have wrestled with the problems be¬ 
fore them. The four codes have been adopted. Pro¬ 
vision for the various educational and other state in¬ 
stitutions has been made. The location of the perma¬ 
nent seat of government has been determined after a 
prolonged contest of exceptional intensity. 

Perhaps after all the most significant teaching of the 
election, which settled the question respecting the per¬ 
manent capital of the state, was the revelation respect¬ 
ing the rapid increase of population. At this election 
over 52,000 votes were polled. Even more to be re¬ 
marked was the distribution of the vote. While most 
varied occupations had been followed by the people, 
mining had always been the predominant industry. But 
at this election it appeared that the greatest growth in 
population was in the agricultural regions of the state. 
While mining industries are constantly growing they 
no longer overshadow other avocations, but every 
indication goes to show that there will be that symmet¬ 
rical development which is most helpful to our perma¬ 
nent prosperity. 


HISTORY OF MONTANA 


25 


OUTLINES FOR STUDY. 


ai TERRITORY. 


I. Location. 


Effect on 

I 1 * Extent. .Govern¬ 
ment. 

I 2 . Settlement. 

2. First Visit. 

2 1 . Time. 

2 2 . Place. 

3. Subsequent Visits. 

3 1 . Lewis and Clarke. 

3 2 . Time. 

3 3 . Place. 

3*. Effect. 

4. Settlements. 

5. Indian Troubles. 

5 1 . Big Horn. 

5 2 . Big Hole. 

6. Population. 


A2 STATE. 

I. Organization. 

I'. Enabling Act. 

1 2 . Constitutional Conven¬ 

tion. 

A - Meeting—Place—Time. 
B - How Composed. 

1 3 . Constitution. 

A Ratified. 

I*. Legislatures. 

I 6 . Location of Capital. 


The geographical features of the state should enter largely into the discus¬ 
sion of this chapter. Maps of the state and of the various counties should 
be freely used. 

The attention of the pupils should be called to the remarkable increase in 
population from the settlement to the admission of the state. 

The magnitude and variety of the resources of the state should be discussed 
at length. 





26 


CIVICS OF MONTANA. 


CHAPTER III. 

MUNICIPAL AND TOWNSHIP GOVERNMENT. 

Counties and Townships. —The State of Montana 
is divided into twenty-three counties. The counties 
are subdivided into townships. 1 The organization of 
a township occurs when a population of 100 or more 
desires a justice’s court. In such a case, on petition 
to the county commissioners, an election is ordered and 
two Justices of the Peace and two Constables are chosen 
for a term of two years. 2 The duties of these officers 
are discussed in the chapter which treats of the 
judiciary. 

Cities and Towns. —The municipalities proper, con¬ 
sisting of towns and cities, are not subdivisions of the 
county, nor do they conform to township boundaries. 
Their general privileges, duties and the conditions 
which characterize them are set forth in the political 
code. 3 They are political corporations, consisting of 
all the inhabitants of any part of a county, created and 


1 The township here mentioned has no connection with the survey 
township, which is a district six miles square, laid off by United States sur¬ 
veyors. 

2 Political Code, §4,231. 

3 Political Code, §4,700, et seq. 



MUNICIPAL AND TOWNSHIP GOVERNMENT. 27 

governed by public law, for certain economic and 
political ends. 

Classification of Municipalities.—No such corpor¬ 
ation can be formed without a population of at least 
300 souls. If the population is between 300 and 1,000 
the municipality is known as a town. If between 1,000 
and 5,000, it is a city of the third class; if between 
5,000 and 10,000, a city of the second class; if over 
10,000, a city of the first class. The population which 
determines the rank of the municipality may be deter¬ 
mined by the latest United States census, by the state 
census, or by a special census ordered by the munici¬ 
pality itself. 1 

Organization of Municipalities.—When the inhab¬ 
itants of any part of a county desire to be incorporated 
into a town or city, a petition of 100 names is pre¬ 
sented to the county commissioners. The commission¬ 
ers order a census to be taken, and, if a sufficient pop¬ 
ulation is found, they direct an election of town 
officers, designating time and place and appoint neces¬ 
sary judges and clerks of election. The officers so 
chosen qualify in the manner prescribed by law, and 
afterwards the elections are conducted by the munici¬ 
pality itself. 2 

Who Eligible to Office.—In order to be eligible to 
any office, whether elective or appointive, a person 
must be a citizen of the United States, and must have 


1 Political Code, g4,710. 

2 Political Code, §4,720, et seq. 


28 


CIVICS OF MONTANA. 


resided in the town or city which he serves for at least 
two years preceding his election or appointment. In 
order to hold certain offices he must also be a tax¬ 
payer. 1 

Differences Between Municipalities.— There is a 
difference in the different classes of cities, and in towns, 
as to the number of officers and their salaries, the 
number of wards in the cities, and the functions which 
they may exercise. 

Powers and Duties of Municipalities. —The pro¬ 
visions of the codes respecting the, government of a 
city or town follow the analogy of the constitution of 
the state of Montana and of the United States, in 
distinguishing the executive, legislative and judicial 
powers. 2 

The Mayor. —The Mayor is the responsible head of 
the city government, presides over the City Council, 
nominates all appointive officers for confirmation by 
the council, communicates with the council by message, 
and has a casting vote in case of a tie. He may also 
administer oaths, remit fines or grant pardons in cases 
covered by the city ordinances, solemnize marriages, 
require exhibit of books of city officers, and has gen¬ 
eral supervision of their work. 3 

The City Council. —The City Council is composed 
of two members from each ward, one being elected 


1 Political Code, §§4,749-4,752. 

2 Political Code, §4,800, et seq. 

3 Political Code, §4,780, et seq. 



MUNICIPAL AND TOWNSHIP GOVERNMENT. 29 


€ack year for a term of two years. Its consent is 
necessary to the confirmation of any appointee of the 
Mayor, and it is divided into committees for the pur¬ 
pose of expediting business and properly carrying out 
its enactments. 

Among the legislative functions of the council may 
be enumerated : 

The making of appropriations to meet the expenses of the city 
government; the direction of expending the moneys appropriated ; 
the fixing of the tax levy and direction of its collection. 

The licensing of various industries and occupations. 

The erection or leasing of buildings for the use of the city. 

The laying out of streets, sidewalks, parks, etc., and the enact¬ 
ing of ordinances to prevent their obstruction. 

The making of general laws regulating or prohibiting anything 
which affects the good morals or the safety of the inhabitants. 

These and various other powers of similar nature 
are exercised by means of ordinances, orders and reso¬ 
lutions adopted in accordance with by-laws adopted by 
the council for its own guidance. 1 

The Treasurer. —The duties of the City Treasurer 
are to collect all moneys due the city, whether from 
taxes, licenses or otherwise, and to pay out the same 
on warrants signed by the Mayor and City Clerk, certi¬ 
fying to the action of the council. He may also be made 
assessor of the city property by act of the council. 

Appointive Officers. —Among the appointive officers 
may be mentioned the Attorney, Clerk, Assessor, Street 
Commissioner, Engineer, Chief of Police, Chief Engineer 
when a fire department is organized, and Health Officer. 


1 Political Code, g4,800. 



30 


CIVICS OF MONTANA. 


Executive Departments.— The above mentioned and 
various other appointees are distributed among the 
various executive departments. The chief of these are 
the Health Department, Police Department, Street 
Department and the Fire Department. 

Health Department.— The province of the Health 
Department, whose official head is the Health Officer, 
or City Physician, is to have general care of the sani¬ 
tary condition of the city, including the regulation of 
infectious diseases and nuisances. It also keeps a 
record of births and deaths. 

Police Department. —The City Marshal or Chief of 
Police is in charge of the police force of the city. To 
this force is intrusted the protection of life and prop¬ 
erty, the enforcement of city ordinances and the arrest 
of criminals. It may also be required to report con¬ 
cerning‘matters in all of the executive departments, 
including condition of pavements, lights, etc. 

Street Department. —To the street department is 
intrusted the proper grading of the streets, the con¬ 
struction and maintenance of sewers, sidewalks and 
roads. Its executive officer is the Street Commissioner 
under the direction of the City Engineer or Surveyor. 

Fire Department. —The work of preventing and ex¬ 
tinguishing fires belongs to this department, as well as 
the inspection of places containing explosives and the 
enforcement of ordinances respecting the same. 

Judicial Department. —The officers belonging to the 
judicial department are the Police Magistrate, City 
Attorney and Chief of Police. 


MUNICIPAL AND TOWNSHIP GOVERNMENT. 


31 


OUTLINES FOR STUDY. 


I. Political. 

I 1 . Officers. 

A Number. 

B . Term. 
c - Qualifications. 
D - Duties. 


TOWNSHIPS. 

2. Survey. 


Have pupils give the number of each class in the county in which they live; 
also have them give the names of the officers of the township in which they 
live. 







32 


CIVICS OF MONTANA. 


OUTLINES FOR STUDY. 


CITIES AND TOWNS. 


I. Class— First, Second,Third. 

I 1 . Manner of Determining. 


2. Town. 

2 1 . How Organized. 


3. Officers. A - Legislative. B Executive. c - Judicial. 

3 1 . Number. A1 Council. m Departments. C1 Names. 

3 2 . Name. A1 How Composed. 

3 3 . Qualifications. A2 Officers. 


3*. Term. 
3 5 . Duties. 


Duties. 

A3 Powers. 

AA Ordinances. 


f 1 - Signed. 


Manner of Passing. ^ 2 . Over the Veto. 

^ 3 - Not Returned. 


It has been our experience that even among people otherwise well informed 
there is a lamentable lack of knowledge of the workings of the municipal 
government. We would suggest that even the minutiae be thoroughly ex¬ 
plained, the teacher taking care that she is well informed in regard to the vari¬ 
ous departments of the city or town government. 





COUNTY GOVERNMENT. 


33 


CHAPTER IV. 

COUNTY GOVERNMENT. 

What the County Is.—The Political Code defines 
the county as the largest political division of the state 
having corporate power. 1 In Montana the county is 
the unit of government, and while not entirely like the 
county in the south in its functions, it may be described 
as the southern county with features of the town gov¬ 
ernment of New England. 2 

Number and Classification of Counties.—At the 
time of the adoption of the constitution, the state con¬ 
tained sixteen counties. Since then seven more have 
been created, making the number at present twenty- 
three. 

For the purpose of regulating the number and re¬ 
muneration of county officers and for fixing the pen¬ 
alties of official bonds, the counties are divided into 
eio-ht classes. The basis of classification is the value 

O 

of taxable property in the county, as follows: 

1st class, over $20,000; 000. 

2d class, between $15,000,000 and $20,000,000. 

3d class, between $10,000,000 and $15,000,000. 


' Political Code, §4,100. 

2 Fiske’s Civil Government in the United States* 



34 


CIVICS OF MONTANA. 


4th class, between $8,000,000 and $10,000,000. 

5th class, between $6,000,000 and $8,000,000. 

6th class, between $4,000,000 and $6,000,000. 

7th class, between $2,000,000 and $4,000,000. 

8th class, under $2,000,000. 1 

County Officers. —The officers of a county are the 
Treasurer, County Clerk, Clerk of the District Court, 
Sheriff, County Auditor (in counties of 1st, 2d and 
3d class), County Attorney, Surveyor, Coroner, Pub¬ 
lic Administrator, Assessor, County Superintendent of 
Schools and three County Commissioners. 2 

County Administration. —The powers of a county 
must be exercised by the County Commissioners or 
under their direction, or by authority of law. 

The county is expressly forbidden to loan its credit 
in aid of, or to make any grant to any person or cor¬ 
poration, nor can it become a partner of any person or 
corporation. 

County Commissioners. —Among the most import¬ 
ant powers and duties of the County Commissioners 
may be mentioned: 

The supervision and control of all county officers ; the fixing of 
the number of deputies, and selection of other employes of the 
county. 

The division of the county into townships, school, road and 
other districts, and the making of such changes in these districts 
as may be necessary. 

The construction and management of roads, ferries and high¬ 
ways within the county. 


1 Political Code, §4,328. 

2 Political Code, §4,312. 



COUNTY GOVERNMENT. 


35 


The care and maintenance of the poor and indigent sick 
belonging to the county. 

The control and management of all county properties and 
financial and other interests. 

They also exercise various executive, legislative and 
judicial functions in addition to those above enumerated 
and in general represent the county in its corporate 
capacity. 1 

County Clerk.—The County Clerk is clerk of the 
Board of County Commissioners and as such keeps 
a record of its transactions, and preserves copies of all 
papers considered by them. In particular he keeps the 
records of the finances of the county, and separate 
records of warrants, franchises and proceedings re¬ 
specting roads. 

The County Clerk is ex-officio recorder and in sep¬ 
arate books records deeds, contracts, etc., certificates 
of marriage and marriage contracts, births and deaths, 
wills, official bonds, notices of pre-emption claims, 
notices and declarations of water rights, assignments, 
notices of mining location, and many other writings 
required or permitted to be recorded. He is also re¬ 
quired to keep up indexes of these various records. 2 

County Treasurer.—The County Treasurer, besides 
having charge of all moneys collected from taxes, 
licenses and other sources, for county and school pur¬ 
poses, is the collector of the county. 3 


Political Code, §4,230. 
Political Code, §4,410. 
Political Code, §4,350. 



36 


CIVICS OF MONTANA. 


County Auditor.— It is the duty of the County • 
Auditor to examine all claims against the county, and 
no bills not approved by him can be paid except by 
special order of the District Court. He also periodi¬ 
cally examines the books of the various county and 
township officers and is ex-officio superintendent of the 
poor. 

County Surveyor. —The County Surveyor makes all 
surveys ordered by the court, or upon application of 
any person, and keeps proper record of the same. He 
also supervises the work and expenditures of the road 
supervisors, furnishes plans and specifications for road 
or bridge work, and is chairman of all boards of road 
viewers. 

Other County Officers —The duties of other county 
officers are treated in the chapters devoted to the judi¬ 
ciary and to education, and need not be enlarged on 
here. 


COUNTY GOVERNMENT. 


37 


OUTLINES FOR STUDY. 


COUNTI ES. 


1. Name. 

2. Class. 

2 \ How Determined. 


3. Officers. 

3 1 . Term. 

3 2 . Qualification. 

3 3 . Duties. 


Those belonging to the judiciary or to the department of education should 
only be named here, and their duties discussed when they are mentioned under 
the proper title. 








Hon. E. A. STEERE, Superintendent of Public Instruction.] 










EDUCATION. 


39 


CHAPTER V. 

EDUCATION. 

School Policy of United States. —The United 
States has always recognized that an efficient educa¬ 
tional system, free from sectarian control, is essential 
to the prosperity and perpetuity of a free government. 
Accordingly, even before the adoption of the national 
constitution, the school interests were considered. In 
the ordinance of 1787 creating the Northwest Terri¬ 
tory, the 16th and 36th sections of every township in 
said territory were set apart as a foundation for a com¬ 
mon school fund, and in other ways the educational 
spirit was encouraged. 

The government has never receded from the policy 
thus early laid down, but, while carefully leaving the 
execution to the various states, has ever encouraged 
and required the adoption of a common school and 
higher educational policy by new states as they have 
successively been added to the Union. 

Enabling Act.—Accordingly in the Enabling Act 
approved February 22, 1889, in accordance with which 
the constitutions of North Dakota, South Dakota, Mon¬ 
tana and Washington were formed, it was provided 
that in the new states constitutional provisions should 


40 


CIVICS OF MONTANA. 


< < be made for the establishment and maintenance of 
systems of public schools, which shall be open to all 
children from said states, and free from sectarian con¬ 
trol. ” Generous grants of public lands were also made 
both for the maintenance of common schools and of 
special schools and colleges. 1 

The School Fund—The school fund of the state 
consists of the following items: 

1st. The proceeds of lands granted, directly or indirectly, by 
the general government. These at present comprise the 16th and 
36th, or equivalent sections, of every township in the state outside 
of reservations for common school purposes; seventy-two sections 
of land for a state university; 140,000 acres for an agricultural 
college; 100,000 acres for a school of mines ; 100,000 acres for state 
normal schools; 50,000 acres for a state reform school; 50,000 
acres for a deaf and dumb asylum. 

2d. Five per centum of the proceeds of the sale of public 
lands within the state. 

3d. All estates or distributive shares of estates that may es¬ 
cheat to the state. 

4th. All unclaimed shares and dividends of any corporation 
incorporated under the laws of Montana. 

5th. All other grants, gifts, devises or bequests made to the 
state for general educational purposes. 

It is further provided in the constitution that the 
above school fund shall be controlled and managed 
by the State Board of Land Commissioners which 
consists of the Governor, Superintendent of Public 
Instruction, Secretary of State and Attorney General; 
that the income only may be expended; and that 


1 Political Code, page 67. 



EDUCATION. 


41 


the fund be guaranteed by the state against loss or 
diversion. 1 

State Board of Education. —The general supervision 
of the school system of the state is vested in the 
State Board of Education. This consists of eleven 
members, eight of whom are appointed by the Gov¬ 
ernor and confirmed by the Senate. The terms of 
office are so arranged that the time for which two are 
appointed expires each year. The other three mem¬ 
bers are the Governor, who is president of the board, 
the Superintendent of Public Instruction, who is 
secretary, and the Attorney General. The State 
Treasurer is treasurer of the board, though not an 
active member. The State Board of Education besides 
having supervision of the various state educational in¬ 
stitutions prescribes the rules and regulations for their 
government. It also makes recommendation to the 
Legislative Assembly of a uniform system of text books 
to be used in the public schools of the state below the 
high schools; grants diplomas to graduates of state 
educational institutions and honorary degrees to per¬ 
sons not graduates; grants state diplomas to, and ap¬ 
points and commissions teachers to act as instructors in 
county institutes, and exercises other powers in har¬ 
mony with its objects. 

Educational Institutions. —The state institutions 
under control of the State Board of Education are: 

The University of Montana, at Missoula . 2 

1 Constitution of Montana, Art. xi., Sec. 2. 

2 Political Code, §l,540,'et seq. 



42 


CIVICS OF MONTANA. 


The School of Mines, at Butte. 1 

The Agricultural College of the State of Montana, at Boze¬ 
man. 2 

The State Normal School, at Dillon. 3 

The Montana Deaf and Dumb Asylum, at Boulder. 4 

State Superintendent of Public Instruction.— The 

State Superintendent of Public Instruction is secretary 
and the executive officer of the State Board of 
Education. 

He is required to gather and preserve literature of 
all kinds pertaining to educational subjects, and to 
turn the same over to his successor, with the reports, 
statements, records and archives of his office. 

In his duty of general supervision of the public 
schools of the state is included : 

The furnishing of all printed matter to school officers in the 
state of the nature of registers, records, statements, notices and 
blanks for returns required of them, lists of books and rules for 
school libraries, etc. 

The preparation of questions and making of rules for examina¬ 
tion of applicants for teachers’ county certificates. 

The prescribing of rules and regulations for the holding of 
teachers’ institutes. 

The advising of county superintendents, deciding appeals from 
their decisions and general oversight of the enforcement of the 
school laws of the state. 

The printing of the school laws at least once in four years, and 
furnishing them to school officers in the state. 

The assisting in teachers’ institutes, and in other ways laboriug 
to stimulate interest in public education. 


1 Political Code, §1,570, et seq. 

2 Political Code, §1,620, et seq. 

3 Political Code, §1,650, et seq. 

* Political Code, §2,830, et seq. 



EDUCATION. 


43 


The submitting of a report covering all the educational interests 
of the state to the Governor on or before the first day of December 
preceding the bi-ennial session of the Legislative Assembly. 

The apportioning of the state school fund annually among the 
several counties of the state, in proportion to the number of chil¬ 
dren of school age. 1 

County Superintendent of Schools.—In each organ¬ 
ized county of the state a County Superintendent is 
elected for a term of two years. He must be a citizen 
of the United States, a resident of the county in which 
he is chosen for at least one year preceding his elec¬ 
tion, hold a certificate of the highest county grade and 
have had twelve months successful experience in teach¬ 
ing in the public schools of the state. He shall also 
take the oath or affirmation of office, and give an 
official bond in the sum of $10,000, subject to the 
approval of the Commissioners of his county. 

In his duty of supervision he must visit every 
school in his county at least once a year, advise 
and direct the teacher in regard to school matters, 
and see that the school laws and directions of the 
State Superintendent are fully carried out. He 
decides all matters in controversy under the school 
law, which arise in his county or are appealed to him, 
apportions all school moneys among the various school 
districts. He presides over all teachers’ institutes held 
in his county, and selects persons to instruct therein 
from the list of teachers commissioned by the State 
Board of Education. He grants certificates of the 
1st, 2d, and 3d grades in accordance with rules pre- 


1 Political Code, §1,700, et seq. 



44 


CIVICS OF MONTANA. 


scribed by the State Superintendent, and reports annu¬ 
ally to the State Superintendent concerning educational 
matters in his county . 1 

City Superintendent of Schools.— In any district 
of more than 5,000 inhabitants, a City Superintendent 
of schools may be chosen. He must hold a state 
certificate of the highest grade, or be a graduate of 
some reputable college or normal school, and have 
taught in the public schools at least five years. His 
duties, salary and tenure of office are be prescribed 
by the trustees of the school district. 2 

School District. —The unit of the school system of 
Montana is the school district. This is a division of 
the county, and its boundaries are determined in 
accordance with public sentiment. For the purpose of 
forming a new district, a petition signed by the parents 
or guardians of at least ten school census children 
must be presented to the County Superintendent. This 
petition must describe the boundaries, and give the 
names of all children of school age in the proposed 
new district. The County Superintendent must then 
fix a date for hearing the petition, and give notice 
thereof at least ten days before the date. On the day 
fixed he shall proceed to hear the petition, and, if he 
deem it advisable, shall make an order establishing the 
district. From this order an appeal may be taken by 
any three resident taxpayers of the new district within 


1 Political Code, §1,730, et seq. 

2 Political Code, g 1,930, et seq. 



EDUCATION. 


45 


thirty days. This appeal must be to the Comity 
Commissioners, and their decision is final. But no 
school district can be created between the first day 
of March and the first day of September. 

In changing boundaries of districts and consolidating 

o O 

districts a practically similar process is followed. 

Every district must maintain a school, free to all 
children of school age in the district, for at least three 
months in every year. All the teachers employed in 
the schools of the district must hold legal certificates 
of fitness for the occupation of teaching in full force 
and effect. The text books used must be such as are 
prescribed by the Legislative Assembly. 1 

School Trustees.— The schools in each district are 
managed by a board of School Trustees. In districts 
of less than 500 inhabitants there are three Trustees; 
in districts of between 500 and 1,000 inhabitants, five 
Trustees; and in districts of over 1,000 inhabitants, 
seven Trustees. The term of office is three years, but 
the terms are so arranged that one-third of the board 
is changed every year. 

School Election.— The Trustees are chosen at the 
regular school election held on the first Saturday in 
April of each year. Vacancies occurring during the 
year are filled by appointment for the unexpired part 
of the year by the County Superintendent of Schools. 
All arrangements respecting the school elections are 
made by the Trustees. The Judges are chosen from 


1 Political Code, §1,750, et seq. 



46 


CIVICS OF MONTANA. 


their number. The votes are canvassed and certificates 
of election issued to the successful candidates by them. 

The Trustees have full control of the school prop¬ 
erty and school interests of the district subject to the 
laws of the state and may adopt any rules for their own 
guidance or for the government of the schools under 
their supervision not inconsistent with law or the rules 
prescribed by the State Superintendent of Public 
Instruction. They engage and pay all the employes of 
the school district, and disburse all the school money, 
but receive no compensation for their services. They 
report to the County Superintendent on or before the 
first day of October in each year and whenever so in¬ 
structed report directly to the Superintendent of Public 
Instruction. 1 2 

Institutes. —The County Superintendent, in any 
county containing five or more school districts, is re¬ 
quired to hold a teachers’ institute each year. 8 In 
counties of less than five districts he may hold such an 
institute with the permission of the Superintendent of 
Public Instruction. Two or more counties may also 
unite in holding a joint institute. 

An institute must continue at least five, but not more 
than ten days. All teachers employed in the public 
schools must attend such institutes as are held in the 
county. 

Certificates. —On the third Fridays in February, 


1 Political Code, § 1,770, et seq. 

2 Political Code, §1,900, et seq. 



EDUCATION. 


47 


April, August and November public examinations of 
all persons over eighteen years of age, who desire to 
engage in teaching, shall be held by the County Sup¬ 
erintendent. This examination may, when necessary, 
continue two days. 

In accordance with the rank attained in the exami¬ 
nation and the number of branches in which the appli¬ 
cant passes, three grades of certificates are issued. The 
certificates of the first grade are good for three years, 
those of the second grade for two years, and those of 
the third grade for one year. In order to obtain a third 
grade certificate the applicant must pass in reading, 
penmanship, orthography, written arithmetic, mental 
arithmetic, geography, English grammar, physiology 
and hygiene, United States history, and theory and 
practice of teaching. Applicants for a second grade 
certificate in addition to these branches must pass in 
civics of the United States and Montana, physical 
geography, and elementary algebra. Besides the fore¬ 
going branches, applicants for a first grade certificate' 
must pass in American literature, natural philosophy 
and plane geometry. The required percentages for the 
various grades are fixed, by a standing rule, by the 
Superintendent of Public Instruction. In order to re¬ 
ceive a first grade certificate, a person must have had 
at least twelve months’ successful experience in teaching. 

No person may receive a third grade certificate more 
than twice. A first grade certificate may, upon pay¬ 
ment of the regular fee, be once renewed without 
examination. Under certain conditions the County 


48 


CIVICS OF MONTANA. 


Superintendent may issue a temporary certificate, good 
until a regular examination can be had. But no such 
temporary certificate can be issued more than once to 
the same person. 1 

Sex in Education.—In the state of Montana women 
are entitled to vote at all school elections. They may 
also hold any office or be employed in any capacity in 
the educational system of the state, except the office of 
Superintendent of Public Instruction. 

Libraries.—In the educational system of Montana 
are embraced several classes of libraries. 

School Libraries.—In every school district the 
Trustees are required to maintain a school library. In 
districts of less than 2,000 inhabitants at least five 
per cent., and not more than ten per cent, of the annual 
apportionment of the county school funds shall be 
expended for books for such libraries. But the amount 
annually so expended must not exceed fifty dollars. 

In cities of 2,000 or more inhabitants the School 
Trustees must expend annually for books for school 
libraries not more than fifty dollars for every 500 
children between the ages of six and twenty-one, or 
fraction thereof exceeding 300. 

All books for such libraries must be chosen from 
lists approved by the Superintendent of Public 
Instruction. 2 

Circulating Libraries.—An appropriation of $1,000 


1 Political Code, §1,910, et seq. 

2 Political Code §2,000, et seq. 



EDUCATION. 


49 


for the year 1895, $500 for 1896, and $300 annually 
thereafter has been made by the Legislative As¬ 
sembly, for books to be purchased and managed 
by a board consisting of the Superintendent of Public 
Instruction, the Attorney General and State Auditor. 
The books are to be divided into libraries of one hun¬ 
dred books each and known as circulating libraries. 
One of these libraries may be loaned for a period of 
six months to any community which will guarantee its 
proper care and pay all expenses involved in its trans¬ 
fer and use. 

Public Libraries Proper. —While the term public 
library is applicable to any library supported by 
public funds and regulated by public law, it is specially 
applied to such libraries as are permanently established 
in any community and by public taxation made free to 
all the inhabitants thereof. 

The council of any town or city may by ordinance 
provide for the establishment, government and main¬ 
tenance of a public library. The ordinance must be 
approved by a vote of the qualified electors, and must 
state the tax, not to exceed one mill on the dollar of 
assessed valuation, which is to be devoted to library 
purposes. The Trustees of a public library are ap¬ 
pointed by the Mayor with the advice and consent of 
the City Council. 

Other Libraries.—Other libraries of a public nature 
are the State Law Library, the State Historical Library, 
and those connected with the various state institutions. 


50 


CIVICS OF MONTANA. 


OUTLINES FOR STUDY. 


EDUCATION. 


A. Supervision. 

A1 State Superintendent. 

A2 County Superintendent. 
A3 City Superintendent. 

1. How Elected. 

2. Term. 

3. Qualification. 

4. Duties. 

5. Powers. 

C. State Institutions. 

C1 Location. 

C2 Purpose. 

E. Teachers. 

El Election. 

E2 Qualification. 

Ea Duties. 

G. Libraries 
G1 Classes. 

G2 How Provided. 


B. Direction. 

B1 State Board. 

A - Local Boards (State 
Institutions). 

02 District Board. 

1. How Composed. 

I 1 . Officers. 

2. Powers. 

3. Duties. 

D. School Districts. 

D1 How Formed. 

02 Extent. 

03 Regulations. 

F. Pupils. 

F1 Duties. 

F2 Privileges. 

H. County Institutes. 

H1 When Held. 

H2 By Whose Direction. 

H3 Time. 

H4 Purpose. 


The amount of the above outline to be used is left to the discretion of the 
teacher. 





THE STATE CONSTITUTION. 


51 


CHAPTER VI. 

THE STATE CONSTITUTION. 

Governmental Authority —It is to be carefully re- 
‘ membered that while the municipal corporations, school 
districts and other political organizations treated of in 
the preceding chapters, exercise many of the functions 
of government, they do not constitute the government. 
They are simply corporations for the better manage¬ 
ment of local affairs, but are created, controlled or de¬ 
stroyed by the authority of the state. 1 

Constitutions. —The inhabitants of the United States 
recognize a two-fold authority, both resting on the ex¬ 
pressed will of the people, and both equally supreme. 
The government of the United States and the govern¬ 
ment of Montana are both founded on a written con¬ 
stitution which is supposed to be the actual expression 
of the people in regard to political questions. This, 
politically speaking, is the real “ referendum” and 
carefully guarded “ initiative” of the American people. 
All legislation derives from the constitution its author¬ 
ity and must be in harmony with it. 2 


1 Dillon’s Municipal Corporations; Beach’s Public Corporations; Political 
Code, §§1,759, 4,190, 4,700. 

a Cooley’s Const. Limitations; Story’s Commentaries on the Const.; The 
Federalist; Bryce’s Am. Commonwealth; Hitchcock’s Am. St ate Constitutions. 



52 


CIVICS OF MONTANA. 


Divisions of the State Constitution. —The Consti¬ 
tution of the state of Montana consists of four unequal 
parts. 

First. The preamble which is very brief and states that the 
object of forming the Constitution is to secure the advantages of a 
state government. 

Secondly. The first article sets forth the boundaries of the 
state, and the second article mentions certain military reservations 
in which the national government has exclusive jurisdiction, ex¬ 
cept in a limited number of cases involved in police regulations. 

Thirdly. The bill of rights, which comprises Article III of the 
Constitution, and The Schedule set forth in Article (or as it is 
printed) Section XX. 

Fourthly. Articles III to XIX describe the frame work of the 
state government and it is these articles with which almost all 
legislation is concerned. 

Bill of Rights. —The bill of rights may be described 
as the theoretical part of the Constitution. In it the 
members of the Constitutional Convention strove to 
express their opinion of the fundamental conceptions 
which underlie a free government, and the general 
rights and privileges which such a government should 
secure. It is the most readable part of the Constitu¬ 
tion. For its full explanation it refers back through a 
long series of deliverences of statesmen to the granting 
of Magna Charta. 

Among the principles laid down may be mentioned 
that all men are equal in political, religious, legal and 
social rights; that government derives its authority 
from the people; that while people must obey the laws, 
the government has certain important duties toward the 
governed; that the military power in the state is sub¬ 
ordinate to the civil; and that the object of punishment 






THE STATE CONSTITUTION. 


53 


for crime shall be reformative and preventive rather 
than vengeful. 1 

Schedule. — The Schedule contains provisions that 
all laws in force under the territorial form of govern¬ 
ment, are to be binding on the state government un¬ 
less expressly changed by the Constitution or act of 
the Legislative Assembly. It also indicates certain 
verbal changes which are to be understood in order to 
be$ir the new construction. Certain sections are de¬ 
voted to the subject of the adoption of the Constitution 
and the methods of changing from the old to the new 
form. 

Enabling Act. —The Enabling Act while a separate 
document is, in reality, as much a portion of the Con¬ 
stitution as is the Schedule. But as its important pro¬ 
visions are embodied in the Constitution proper, and 
developed in the codes, it is not necessary to enlarge 
upon it here. 2 


1 Walker’s Am. Law; Const. Mont., Art. in, Schedule xx.; Political Code, 

page 80. 


2 Political Code, page 68. 



54 


CIVICS OF MONTANA. 


OUTLINES FOR STUDY. 


CONSTITUTION. 


A. Preamble. 

C. 1 Bill of Rights, 2 Schedule. 
I 1 . Governed. 

I 2 . Accused. 

I 3 . Witness. 

K Alien. 

I s , Water Rights. 


B. Boundaries and Reserva¬ 
tions. 

D. Powers of the Government 
outlined under the sep¬ 
arate heads. 


Armed Bodies. 







EXECUTIVE. 


55 


CHAPTER VII. 

EXECUTIVE. 

Executive Officers. —The officers of the state ex¬ 
ecutive department are the Governor, Lieutenant-Gov¬ 
ernor, Secretary of State, Attorney General, State 
Treasurer, State Auditor and Superintendent of Public 
Instruction. They are elected by a plurality vote for a 
term of four years. With the exception of the Lieu¬ 
tenant-Governor, they must, during the term for which 
they are elected, reside at the seat of government and 
keep there the records of their respective offices. 1 
Governor. —The Governor is the supreme executive 
officer and supervises the official conduct of the others. 
He may require information in writing of them, or of 
any officer or manager of the state institutions, at any 
time upon any subject connected with their respective 
offices or institutions; or, may appoint a committee to 
investigate and report to him, concerning matters in 
these offices or departments. 2 

He is required to report to the Legislative Assembly, 
at the beginning of each session and at other times 
when he deems it necessary, concerning the condition 


1 Const. Mont., Art. vn, Sec. 1-2; Political Code, §§330, et seq. 

2 Const. Mont., Art. vir, Sec. 10 ; Political Code, §370. 



56 


CIVICS OF MONTANA. 


of the State Government and such legislation as he 
deems advisable. 1 His approval is necessary to every 
bill passed by the Assembly, unless passed over his 
veto by a two-thirds vote of each house acting sep¬ 
arately. But if he delays to return the bill, with his 
approval, within five days (not including Sundays) from 
the time when he receives it, it becomes a law, unless 
the Assembly by adjournment prevents its return with¬ 
in such period. 2 In the case of a bill making appropri¬ 
ations for money, he may approve it in part and return 
the parts not approved to the Assembly with his objec¬ 
tions as in the case of other entire bills disapproved. 3 

He may at any time by proclamation call an extra 
session of the Senate for the transaction of executive 
business. He may also for special purposes call to¬ 
gether the Legislative Assembly. But the purpose for 
which it is convened must be clearly set forth in the 
proclamation and no other business can be transacted 
at such special session. 4 

He is the only medium of communication between 
the state of Montana and the other states of the 
Union, or the National government. 

The Governor is the commander-in-chief of the 
militia, except when in actual service of the United 
States, and may call them out when needed. 5 He is 


1 Const. Mont., Art. vn t See. 10. 

2 Const. Mont., Art. vn, Sec. 12. 

3 Const. Mont., Art. vii, Sec. 13. 

* Const. Mont., Art. vii, Sec. 11. 

5 Const. Mont., Art. vii, Sec. 6. 



EXECUTIV E. 


57 


also a member of the State Board of Prison Commis¬ 
sioners, State Board of Examiners, State Board of 
Land Commissioners, State Board of Equalization, 
State Board of Education, State Board of Commis¬ 
sioners for the Insane, and State Board of Commission¬ 
ers for the Deaf, Dumb and Blind. 1 

He nominates, and with the consent of the Senate, 
appoints among others the following officers. 

1 State Land Agent. 

1 State Examiner. 

1 Sealer of Weights and Measures. 

1 Inspector of Boilers. 

1 Inspector of Mines. 

1 Deputy Inspector of Mines. 

7 Medical Examiners. 

5 Dental Examiners. 

3 Members of State Board of Pharmacy. 

3 Members of State Board of Charities and Reform. 

1 Commissioner of Agriculture, Labor and Industry. 

1 or more Notaries Public for each County in the State. 

1 or more Commissioners of Deeds in every state in the Union 
and in any foreign state. 

8 Members of the State Board of Education. 

5 Trustees of the State Historical and Miscellaneous Library. 

5 Trustees of the State Orphans’ Home. 

4 Trustees of the Soldiers’ Home. 

12 or more Members of the Board of Stock Commissioners. 

1 State Veterinary Surgeon. 

3 Members of the State Board of Arbitration and Conciliation. 

1 Register of the State Land Office. 

In the cases of vacancies in the other state executive 
offices, the Governor fills the same by appointment. 2 


1 Political Code, relating to creation of the several Boards. 

2 Const. Mont., Art. vii, Sec. 7—Sections of Political Code creating various 
offices. 




58 


CIVICS OF MONTANA. 


The Governor grants pardons, absolute or con¬ 
ditional, remits fines, etc., with the approval of a 
majority of the State Board of Pardons, which con¬ 
sists of the Secretary of State, Attorney General and 
State Auditor. But before a pardon is granted or fine 
remitted, proper notice must be given, and a full hear¬ 
ing must be had in open session. 1 

The Governor must be a citizen of the United 
States, and a resident of the state of Montana for at 
least two years preceding his election, and when 
elected must be at least thirty years of age. 2 

Lieutenant-Governor. — The Lieutenant-Governor 
acts as president of the state Senate, but has no vote 
except when it is equally divided. The same qualifica¬ 
tions are required of him as of the Governor. He 
acts as Governor in case of the failure of the latter to 
qualify, or of his death, resignation, absence from the 
state, impeachment, conviction of felony or infamous 
crime, or other disqualification. 3 

Secretary of State. —The Secretary of State has 
charge of the enrolled copy of the constitution, of the 
state seal, of all acts and resolves and of the journals 
of the Legislative Assembly, as well as of various other 
documents, books and records. 

He must attend every session of the assembly, and 
perform such duties as they may prescribe. 


1 Const. Mont., Art. vn, Sec. 9. 

2 Const. Mont., Art. vir, Sec. 8. 

3 Const. Mont., Secs. 14-15—Political Code, §390, et seq. 



EXECUTIVE. 


59 


He records the official acts of the Governor, all con¬ 
veyances made to the state, all articles of incorporation 
filed with him, and the official bonds of state officers. 

lie has the direction of the printing of the public 
documents of the state, and of their distribution to 
the proper depositories. 

He is a member of the State Board of Examiners, 
State Board of Prison Commissioners, State Board of 
Equalization, State Board of Pardons, State Board of 
Land Commissioners, State Board of Commissioners of 
Insane, Deaf, Dumb and Blind. He is State Sealer of 
Weights and Measures, and Superintendent of the 
state Capitol or the building or rooms used by the state 
government. 

He must when elected be a citizen of the United 
States, a resident of the state of Montana for at least 
two years, and not less than 25 years of age. 1 

State Auditor.—The State Auditor is superintendent 
of the fiscal concerns of the State. He reports reg¬ 
ularly to the Governor concerning all matters under 
his supervision and to the Superintendent of Public 
Instruction concerning the School Fund. Whenever 
called upon he gives any desired information to the 
Legislative Assembly respecting the fiscal affairs of the 
State. 

He audits all claims against the state, and draws 
warrants on the Treasurer for moneys legally payable. 

He is a member of the State Board of Equalization. 


1 Political Code, \\ 400, et seq. 



60 


CIVICS OF MONTANA. 


The same qualifications are required of him as of the 
Secretary of State. 1 

State Treasurer. —The State Treasurer is custodian 
of all the funds of the State. He pays out money on 
warrants issued by the State Auditor. He reports at 
times prescribed by the codes to the State Auditor, the 
Legislative Assembly and the Governor. 

He is a member of the State Board of Equalization. 

He is required to possess the same qualifications as 
the Secretary of State. 2 

Attorney General —The Attorney General is the 
legal adviser of the Legislative Assembly and the State 
Officers. He prosecutes or defends before the Supreme 
Court all cases in which the state is a party, or in 
which any county is a party unless the interest of the 
county conflicts wfith that of the state. 

He supervises the official work of County Attorneys, 
and assists the County Attorneys when needed. 

He reports to the Governor at times prescribed by 
the Political Code. 

He is a member of the State Board of Pardons, State 
Board of Land Commissioners, State Board of Educa¬ 
tion, State Board of Equalization, State Board of Pris¬ 
on Commissioners, and State Board of Commissioners 
for the Insane, Deaf, Dumb and Blind. 

He must have the same qualifications as are pre¬ 
scribed for the Governor, and must besides be a lawyer 


Political Code, 420, et seq. 
Political Code, §§ 440, et seq. 



EXECUTIV 


61 


in good standing at the bar of the Supreme Court of 
the state . 1 2 

Superintendent of Public Instruction.—The duties 
of the Superintendent of Public Instruction are men¬ 
tioned in the chapter on Education and need not be re¬ 
peated here . 3 


1 Political Code, §g 460, et seq. 

2 Political Code, g ] ,700, et seq. 


OUTLINES FOR STUDY. 


EXECUTIVE 

A. Officers. 

A1 Governor. 

A2 Lieutenant-Governor. 

A3 State Auditor. 

AA State Treasurer. 

As Attorney General. 


1. Term. 

2. Qualifications. 

3. Powers. 

4. Duties. 

5. Succession in Case of Va¬ 

cancy. 


a 6 Superintendent of Public Instruction (discussed under Edu¬ 
cation). 










62 


CIVICS OF MONTANA. 


CHAPTER VIII. 

LEGISLATIVE. 

Legislative Assembly. —Following the analogy of 
the Constitution of the United States the legislative 
power of the government of Montana is vested in two 
assemblies, which are known separately as the u Sen¬ 
ate' ’ and ‘ ‘ House of Representatives, ’ ’ and collectively 
as the 4 ‘Legislative Assembly of the State of Montana. ’ * 
As will be noted in the extracts from the Constitution 
which make up most of this chapter, the Assembly in 
the matter of impeachment exercises judicial functions, 
and in the making of appointments the Senate divides 
with the Governor the executive power. 1 

Membership of Assembly. —The House of Repre¬ 
sentatives at present consists of sixty-eight members 
elected by the people of the various counties of the 
state for a term of two years. The date of the election 
of Representatives is the first Tuesday after the first 
Monday in November in the even years. Following is 
a list of counties with the number of Representatives to 
which each is entitled: 


1 Const. Mont., Art. v. 



LEGISLATIVE. 


63 


COUNTY. 

Beaverhead. 

Cascade. 

Choteau. 

Custer. 

Dawson. 

Deer Lodge. 

Fergus. 

Flathead. 

Gallatin. 

Granite. 

Jefferson. 

Lewis and Clarke. 

Madison. 

Meagher. 

Missoula. 

Park. 

Ravalli. 

Silver Bow. 

Teton. 

Valley. 

Yellowstone. 

Carbon. 

Sweetgrass. 


NUMBER OF 
REPRESENTATIVES. 

. 2 

. 5 

. 2 

2 

. 1 

. 6 

. 2 

. 3 

. 3 

. 2 

. 3 


3 
2 

4 
2 
2 

12 

1 

1 

1 

1 

1 i 


The Senate consists of twenty-three members, each 
representing one of the counties of the state. * 2 3 

The term of office of the Senators is four years, but 
the terms are so arranged that one-half of the whole 
number are elected at each election where representa¬ 
tives are chosen. 3 


A Representative must be at least twenty-one years 


' Political Code, §112. 

2 Const. Mont., Art. vi, Sec. 4. 

3 Const. Mont., Art. v, Sec. 2. 



























CIVICS OF MONTANA. 


64 

of age, and a Senator at least twenty-four years of age. 
Each must also be a citizen of the United States and a 
resident for at least twelve months preceding his elec¬ 
tion of the county in which he is elected. 1 

The compensation of the members of the Legislative 
Assembly is fixed by a legislative bill, but no assembly 
can determine its own compensation. 2 

Sessions of the Legislative Assembly.—The reg¬ 
ular sessions of the Legislative Assembly, begin at 
twelve o’clock noon of the first Monday of January, 
in the odd years, and continue not to exceed sixty 
days. Special sessions may be convened by the Gov¬ 
ernor for extraordinary purposes. 3 

For other explanations respecting the powers and 
duties of the Legislative Assembly we quote in full 
the following sections of Article V. of the constitution : 

Restrictions to Appointment to Civil Office. —Section 7. No 
Senator or Representative shall, during the term for which he 
shall have been elected, be appointed to any civil office under the 
state ; and no member of Congress, or other person holding an 
office (except notary public, or in the militia) under the United 
States or this state, shall be a member of either house during his 
continuance in office. 

Officers and Rules of Assembly.— Sec. 9. The Senate shall, at 
the beginning and close of each regular session, and at such other * 
times as may be necessary, elect one of its members President, pro 
tempore. The House of Representatives shall elect one of its mem¬ 
bers Speaker. Each house shall chose its other officers, and shall 
judge of the elections, returns and qualifications of its members. 


1 Const. Mont., Art. v, Sec. 3. 

2 Const. Mont., Art. v, Sec. 5. 

3 Const. Mont., Art. v, Sec. 6. 



LEGISLATIVE. 


65 


Sec. 10. A majority of each house shall constitute a quorum to 
do business, but a smaller number may adjourn from day to day, 
and compel the attendance of absent members in such manner and 
under such penalties as each house may prescribe. 

Sec. 11. Each house shall have power to determine the rules 
of its proceedings, and punish its members or other persons for 
contempt or disorderly behavior in its presence ; to protect its 
members against violence or offers of bribe or private solicitation, 
and with the concurrence of two-thirds, to expel a member, and 
shall have all other powers necessary for the Legislative Assembly 
pf a free state. 

A member expelled for corruption shall not thereafter be eligi¬ 
ble to either house of the Legislative Assembly ; and punishment 
for contempt or disorderly behavior shall not bar a criminal pros¬ 
ecution for the same offense. 

Journal.— Sec. 12. Each house shall keep a journal of its pro¬ 
ceedings and may, in its discretion, from time to time, publish the 
same, except such parts as require secrecy, and the ayes and noes 
on any question shall, at the request of any two members, be 
entered on the journal. 

Open Sessions.— Sec. 13. The sessions of each house and of 
the committees of the whole shall be open unless the business is 
such as requires secrecy. 

Adjournment. —Sec. 14. Neither house shall, without the don- 
sent of the other, adjourn for more than three days, nor to any 
other place, than that in which the two houses shall be sitting. 

Privilege of Members.— Sec. 15. The members of the Legisla¬ 
tive Assembly shall, in all cases, except treason, felony, violation of 
their oath of office and breach of the peace, be privileged from ar¬ 
rest during their attendance at the sessions of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house they shall not be questioned in 
any other place. 

Impeachment.— Sec. 16. The sole power of impeachment shall 
vest in the House of Representatives ; the concurrence of a major¬ 
ity of all the members being necessary to the exercise thereof. 
Impeachment shall be tried by the Senate sitting for that purpose 
and the Senators shall be upon oath or affirmation to do justice 
according to law and evidence. When the Governor or Lieutenant- 


66 


CIVICS OF MONTANA. 


Governor is on trial, the Chief Justice of the Supreme Court shall 
preside. No person shall be convicted without a concurrence of 
two-thirds of the Senators elected. 

Sec. 17. The Governor and other state and judicial officers^ 
except Justices of the Peace, shall be liable to impeachment for 
high crimes and misdemeanors, or malfeasance in office, but judg¬ 
ment in such cases shall only extend to removal from office and 
disqualification to hold any office of honor, trust or profit under 
the laws of the state. The party, whether convicted or acquitted, 
shall, nevertheless, be liable to prosecution, trial, judgment and 
punishment according to law. 

Sec. 18. All officers not liable to impeachment shall be subject 
to removal for misconduct or malfeasance in office, in such manner 
as may be provided by law. 

Legislative Bills. —Sec. 19. No law shall be passed except by 
bill, and no bill shall be so altered or amended on its passage 
through either house as to change its original purpose. 

Sec. 20. The enacting clause of every law shall be as follows : 
“Be it enacted by the Legislative Assembly, of the State of Mon¬ 
tana.” 

Sec. 21. No bill for the appropriation of money, except for the 
expenses of the government, shall be introduced within ten days of 
the close of the session, except by unanimous consent of the house 
in which it is sought to be introduced. 

Sec. 22. No bill shall be considered or become a law unless re¬ 
ferred to a committee, returned therefrom and printed for the use 
of the members. 

Sec. 23. No bill, except general appropriation bills, and bills 
for the codification and general revision of the laws, shall be passed 
containing more than one subject which shall be clearly expressed 
in its title ; but if any subject shall be embraced in any act which 
shall not be expressed in the title, such act shall be void only as to 
so much thereof as shall not be so expressed. 

Sec. 24. No bill shall become a law except by a vote of a majority 
of all the members present in each house, nor unless on its final 
passage, the vote be taken by ayes and noes, and the names of those 
voting be entered on the journal. 

Sec. 25. No law shall be revised or amended, or the provisions 
thereof extended by reference to its title only, but so much thereof 


LEGISLATIVE. 


67 


as is revised, amended or extended shall be re-enacted and pub¬ 
lished at length. 

Special Laws.— Sec. 26. The Legislative Assembly shall not 
pass local or special laws in any of the following enumerated cases, 
that istosay: For granting divorces; laying out, opening, altering 
or working roads or highways ; vacating roads, town plats, streets, 
alleys or public grounds ; locating or changing county seats; reg¬ 
ulating county or township affairs; regulating the practice in 
courts of justice; regulating the jurisdiction and duties of justices 
of the peace, police magistrates or constables; changing the rules 
of evidence in any trial or inquiry ; providing for changes of venue 
in civil or criminal cases ; declaring any person of age; for limita¬ 
tion of civil actions, or giving effect to informal or invalid deeds; 
summoning or impaneling grand or petit juries ; providing for the 
management of common schools ; regulating the rate of interest on 
money ; the opening or conducting of any election or designating 
the place of voting; the sale or mortgage of real estate belonging 
to minors or others under disability ; chartering or licensing ferries 
or bridges or toll roads ; chartering banks, insurance companies 
and loan and trust companies; remitting fines, penalties or for¬ 
feitures ; creating, increasing or decreasing fees, percentages or 
allowances of public officers ; changing the law of descent; grant¬ 
ing to any corporation, association or individual the right to lay 
down railroad tracks, or any special or exclusive privilege, immun¬ 
ity or franchise whatever; for the punishment of crimes ; changing 
the names of persons or places ; for the assessment or collection of 
taxes ; affecting estates of deceased persons, minors or others under 
legal disabilities ; extending tbe time for the collection of taxes ; 
refunding money paid into the state treasury; relinquishing or 
extinguishing in whole or in part the indebtedness, liability or ob¬ 
ligation of any corporation or person to this State, or to any muni¬ 
cipal corporation therein ; exempting property from taxation ; re¬ 
storing to citizenship persons convicted of infamous crimes ; auth¬ 
orizing the creation, extension or impairing of liens; creating 
offices, or prescribing the powers or duties of officers in counties, 
cities, townships or school districts ; or authorizing the adoption or 
legitimation of children. In all other cases where a general law 
can be made applicable, no special law shall be enacted. 

Duties of Officers and Employes.— Sec. 27. The presiding 


68 


CIVICS OF MONTANA. 


officer of each house shall, in the presence of the house over which 
he presides, sign all bills and joint resolutions passed by the 
Legislative Assembly immediately after their titles have been 
publicly read, and the fact of signing shall be at once entered upon 
the journal. 

Sec. 28. The Legislative Assembly shall prescribe by law the 
number, duties and compensation of the officers and employes of 
each house ; and no payment shall be made from the state treas¬ 
ury, or be in any way authorized to any such person, except to an 
acting officer or employe elected or appointed in pursuance of law. 

Extra Compensation of Officials.— Sec. 29. No bill shall be 
passed giving any extra compensation to any public officer, servant 
or employe, agent or contractor, after services shall have been ren¬ 
dered or contract made, nor providing for the payment of any 
claim made against the state without previous authority of law, 
except as may be otherwise provided herein. 

Purchase of Supplies.— Sec. 30. All stationery, printing, paper, 
fuel and lights used in the legislative and other departments of 
government shall be furnished, and the printing and binding and 
distribution of the laws, journals and department reports and 
other printing and binding, and the repairing and furnishing the 
halls and rooms used for the meeting of the Legislative Assembly, 
and its committees shall be performed under'contract, to be given 
to the lowest responsible bidder, below such maximum price and 
under such regulations as may be prescribed by law. No member 
or officer of the government shall be in any way interested in any 
such contract; and all such contracts shall be subject to the 
approval of the Governor and State Treasurer. 

Increase of Term or Salary of Official.— Sec. 31. Except as 
otherwise provided in this constitution, no law shall extend the 
term of any public officer, or increase or diminish his salary or 
emolument after his election or appointment; provided , that this 
shall not be construed to forbid the Legislative Assembly from 
fixing the salaries or emoluments of those officers first elected or 
appointed under this constitution, where such salaries or emolu¬ 
ments are not fixed by this constitution. 

Revenue Bills.— Sec. 32. All bills for raising revenue shall 
originate in the House of Representatives; but the Senate may 
propose amendments, as in the case of other bills. 


LEGISLATIVE. 


69 


Appropriations.— Sec. 33. Tlie general appropriation bills shall 
embrace nothing but appropriations for the ordinary expenses of 
the Legislative, Executive and Judicial departments of the state, 
interest on the public debt and for public schools. All other 
appropriations shall be made by separate bills, each embracing but 
one subject. 

Sec. 34. No money shall be paid out of the treasury except 
upon appropriations made by law, and on warrant drawn by the 
proper officer in pursuance thereof, except interest on the public 
debt. 

Sec. 35. No appropriation shall be made for charitable, indus¬ 
trial, educational or benevolent purposes to any person, corpora¬ 
tion or community not under the absolute control of the state, nor 
to any denominational or sectarian institution or association. 

Other Restrictions.— Sec. 36. The Legislative Assembly shall 
not delegate to any special commission, private corporation or 
association any power to make, supervise or interfere with any 
municipal improvements, money, property or effects, whether held 
in trust or otherwise, or to levy taxes, or to perform any municipal 
functions whatever. 

Sec. 37. No act of the Legislative Assembly shall authorize 
the investment of trust funds by executors, administrators, guar¬ 
dians or trustees in the bonds or stock of any private corporation. 

Sec. 38. The Legislative Assembly shall have no power to pass 
any law authorizing the state, or any county in the state, to con¬ 
tract any debt or obligation in the construction of any railroad, 
nor give or loan its credit to or in aid of the construction of the 
same. 

Sec. 39. No obligation or liability of any person, association 
or corporation, held or owned by the state, or any municipal cor¬ 
poration therein, shall ever be exchanged, transferred, remitted, 
released or postponed, or in any way diminished by the Legislative 
Assembly ; nor shall such liability or obligation be extinguished, 
except by the payment thereof into the proper treasury. 

Approval of Governor. — Sec. 40. Every order, resolution or 
vote, in which the concurrence of both houses may be necessary, 
except on the question of adjournment, or relating solely to the 
transaction of the business of the two houses, shall be presented to 
the Governor, and before it shall take effect be approved by him, 


70 


CIVICS OF MONTANA. 


or, being disapproved, be repassed by two-thirds of both houses, 
as prescribed in the case of a bill. 

Bribery and Influence.— Sec. 41. If any person elected to either 
house of the Legislative Assembly shall offer or promise to give 
his vote of influence in favor of or against any measure or propo¬ 
sition, pending or proposed to be introduced into the Legislative 
Assembly, in consideration or upon condition that any other per¬ 
son elected to the same Legislative Assembly will give, or will 
promise or assent to give, his vote or influence, in favor of or 
against any other measure or proposition pending or proposed to 
be introduced into such Legislative Assembly, the person making 
such offer or promise shall be deemed guilty of solicitation of 
bribery. If any member of the Legislative Assembly shall give his 
vote or influence for or against any measure or proposition pend¬ 
ing or proposed to be introduced in such Legislative Assembly, or 
offer, promise or assent so to, upon condition that any other mem¬ 
ber will give, or will promise or assent to give his vote or influence 
in favor of or against any other measure or proposition pending or 
proposed to be introduced in such Legislative Assembly, or in con¬ 
sideration that any other member hath given his vote or influence 
for or against any other measure or proposition in such Legislative 
Assembly, he shall be deemed guilty of bribery, and any member of 
the Legislative Assembly, or person elected thereto, who shall be 
guilty of either such offenses, shall be expelled and shall not there¬ 
after be eligible to the Legislative Assembly, and on the conviction 
thereof in the civil courts, shall be liable to such further penalty 
as may be prescribed by law. 

Sec. 42. Any person who shall directly or indirectly offer, give 
or promise any money or thing of value, testimonial, privilege or 
personal advantage, to any executive or judicial officer or member 
of the Legislative Assembly, to influence him in the performance 
of any of his official or public duties, shall be deemed guilty of brib¬ 
ery, and be punished in such manner as shall be provided by law. 

Sec. 43. The offense of corrupt solicitation of members of the 
Legislative Assembly, or of public officers of the State, or of any 
municipal division thereof, and the occupation or practice of solic¬ 
itation of such members or officers, to influence their official action, 
shall be defined by law, and shall be punishable by fine and im¬ 
prisonment. 


LEGISLATIVE. 


71 


Personal Interest of Members.— Sec. 44. A member who has 
a personal or private interest in any measure or bill proposed or 
pending before the Legislative Assembly shall disclose the fact to 
the house of which he is a member, and shall not vote thereon. 

Vacancies.—When vacancies occur in either house the Gover¬ 
nor or the person exercising the functions of the Governor shall 
issue writs of election to till the same. 


OUTLINES FOR STUDY. 


LEGISLATIVE. 


Senate. 

2. House. 

\ How Composed. 

2\ How Composed. 

2 . Term. 

2 2 . Term. 

3 . Qualifications. 

2 3 . Qualifications. 

4 . Compensation. 

2 4 . Compensation. 

5 . Restrictions. 

2 5 . Restrictions. 

6 . Privileges. 

2 6 . Privileges. 

7 - Duties. 

2 7 . Duties. 

8 . Officers. 

2 s . Officers. 

A Duties. 

A Duties. 

B How Elected. 

B How Elected. 

c Compensation. 

c Compensation. 

A. Bills. 

('• 

Signed by the Governor. 

A1 How Passed. ! 2 - 

Over Veto. 

U 

Not Returned. 


B. Vacancies—How Filled. 









7 2 


CIVICS OF MONTANA. 


CHAPTER IX. 

JUDICIAL. 

Different Classes of Courts.—By the Constitution 
of the state it is provided that the judicial powers of 
the state are exercised by the Senate sitting as a court 
of impeachment, by the Supreme Court, District Courts, 
Justices of the Peace, and such other courts as the 
Legislature may establish. So far as the serving of 
processes is concerned, the authority of the courts ex¬ 
tends to the reservations under legislative control of 
the National government. The only additional courts 
so far provided for are the Police Court and the Cor¬ 
oner’s Incpiest, but in certain cases what are really 
judicial functions are performed by several of the ex¬ 
ecutive officers. 1 

Supreme Court.—The Supreme Court consists of a 
Chief Justice and two Associate Justices, each elected 
by a plurality of a popular vote for a term of six 
years. The total number of Justices may at any time 
be increased to five, but the tenure of office and date of 
expiration of terms must be so arranged that in any 
case at least one Justice shall be chosen at each election 


1 Const. Mont., Art. vm; Code of Civil Procedure, \ 2, et seq. 



JUDICIAL. 


73 


held for the choice of representatives to the Legisla¬ 
tive Assembly. 1 

The jurisdiction of the Supreme Court extends to all 
parts of the State, and is appellate only except that the 
Supreme Court has original jurisdiction to hear and 
determine writs of habeas corpus, mandamus, quo 
warranto, certiorari, prohibition and injunctions and 
other original and remedial writs. Or, in other words, 
no case can be tried before the Supreme Court unless 
it has first been tried in some inferior court, and 
brought to the Supreme Court on appeal, except as 
above specified. The Supreme Court also has super¬ 
visory control over all inferior courts. 2 

At least three terms of the Supreme Court are held 
each year at the seat of government. A majority of 
the Justices is necessary to form a quorum or to pro¬ 
nounce a decision. But a single Justice may adjourn 
the court from day to day or to a definite time. 3 

Each Justice is required to be at least 30 years of 
age, a citizen of the United States, and a resident of 
the state of Montana for at least two years next pre¬ 
ceding his election. He must in addition be a member 
in good standing of the bar of the Supreme Court of 
Montana. 4 

District Courts. —The state of Montana is divided 


1 Const. Mont., Art. viii, Secs. 5-6-7; Code of Civil Procedure, gl2, et seq. 

2 Const. Mont., Art. viii, Sec. 3; Code of Civil Procedure, g 18, 19. 20. 

3 Const. Mont., Art. vrn, Sec. 5; Code of Civil Procedure, g 15. 

4 Const. Mont., Art. viii, Sec. 10. 



74 


CIVICS OF MONTANA. 


into judicial districts, the number of which may at any 
time be changed by the Legislative Assembly. The 
division, however, always recognizes county lines, and 
no county is in more than one district. In each dis¬ 
trict at least one Judge is elected by popular vote, 
whose term of office is four years. A Judge at the 
time of his election must be at least 25 years of age, a 
citizen of the United States, and a resident of the state of 
Montana for at least a year before the date of his elec¬ 
tion. He must, besides, have been admitted to prac¬ 
tice in the Supreme Court of the state and be in good 
standing at the time of his election. He need not, 
when elected, be a resident of the district for which he 
is chosen, but must reside in the district during his 
term of office. 1 

In counties which comprise the whole of a judicial 
district, the Court is open for business every day in the 
year except legal holidays. But, on the days excepted, 
injunctions and writs of prohibition and habeas corpus 
may be issued. 2 3 

The legal holidays in Montana are the following : 
Sundays, the first day of January, the twenty-second 
day of February, the thirtieth day of May, the fourth 
day of July, the first Monday in September, the 
twenty-fifth day of December, every day on which an 
election is held throughout the state, every day 
appointed by the President of the United States, or by 


1 Const. Mont., Art. vm, Secs. 12, 13, 16; Code of Civil Procedure, §30, 

et seq. 

3 Const. Mont., Art. vm, Sec. 17. 



JUDICIAL. 


75 


the Governor of Montana for a public fast, thanks¬ 
giving or holiday. If January 1st, February 22d, 
May 30th, July 4th, or December 25th is Sunday,* 
the following day is a holiday. 1 

In counties which constitute but part of a judicial 
district, at least four terms of court must be held 
every year. 2 

The following classes of cases may be begun in the 
District Court: 

All cases involving the right to real property. 

All cases involving the legality of any tax, impost, assessment, 
toll or municipal fine. 

All other civil cases in which the value of fifty dollars is 
involved. 

All criminal cases amounting to felony. 

All cases of actions of forcible entry and unlawful detention. 

All cases of proceedings in insolvency. 

All cases of actions to prevent or abate a nuisance. 

All cases of actions in matters of probate. 

All cases of actions of divorce and for annullment of marriage. 

All cases of misdemeanor, where the punishment exceeds six 
months’ imprisonment or a fine of $500 or more, or both such fine 
and imprisonment, and other special actions and proceedings. 

The District Courts also: 

Issue naturalization papers. 

Have appellate jurisdiction in cases arising in inferior courts. 

Have power to issue, hear and determine writs of mandamus, 
quo warranto, certiorari, prohibition, injunction, habeas corpus and 
other original and remedial rights. 3 

The process of the District Courts extends to all 


1 Political Code, § 10; Civil Code, §4,655; Code of Civil Procedure, § 121. 

2 Const. Mont., Art. viii, Sec. 17. 

3 Const. Mont., Art. viii, Sec. 11; Code of Civil Procedure, §41. 



76 


CIVICS OF MONTANA. 


parts of the state. But actions involving title to real 
property must be begun in the county in which the 
property is located, and all criminal prosecutions must 
be begun in the county in which the felony was com¬ 
mitted, except in the asportation of property. 

A civil action may be tried in the District Court, 
or may be tried by a judge, pro tempore, when agreed 
upon in writing by the parties litigant. 

Justices of the Peace. —All civil cases, not involv¬ 
ing the title to real property, where the value of less 
than $50 is involved, are tried before a Justice of the 
Peace, and such cases, where the value at issue is be¬ 
tween $50 and $300, may be so tried. A Justice of 
the Peace also examines the evidence in criminal cases 
amounting to felony or indictable misdemeanor in order 
to hold the accused for trial before the District Court 
and has final jurisdiction in all criminal actions where 
the punishment does not exceed $500 fine or six months’ 
imprisonment or both, solemnizes marriages, issues 
writs of attachment for debt, and performs other sim¬ 
ilar duties. The court of a Justice of the Peace is 
open for business every day in the year except legal 
holidays. 

In towns one of the Justices of the Peace may be 
appointed Police Judge by the Council, and when so 
appointed has exclusive jurisdiction over all cases 
arising under the town ordinances where the town is a 
party. 1 


1 Const. Mont., Art. vm, Sec. 20; Code of Civil Procedure, §60. 



JUDICIAL. 


77 


Police Court. —Every town and city contains a Po¬ 
lice Court which must be open every day in the year 
except legal holidays, and on the excepted days may 
transact criminal business. 

In petit larceny, minor cases of assault and battery, 
breaches of the peace, riots, and proceedings respecting 
vagrants and disorderly persons the jurisdiction of the 
Police Judge is concurrent with that of the Justice of 
the Peace. 

Exclusive jurisdiction belongs to the Police Court in 
all cases arising under the ordinances of the city or 
town ; also in all cases for the collection of any moneys 
‘claimed by the city or town, or claimed from the city 
or town, where the amount exclusive of interest and 
costs Joes not exceed $300. Such claims on the part 
of the city or town may be for collection of tax, license 
or assessment, breach of official bond, recovery of per¬ 
sonal property belonging to the city or town, or for 
other cause. 

In cases where the judge is interested or when he is 
related within the sixth degree to either party, or in 
case of sickness, absence or inability to act, either the 
Judge or the Mayor may call in a Justice of the Peace 
to preside and act. 1 

Other Judicial Officers. —Besides the judges of the 
courts which we have mentioned, many other officers 
and employes are necessary for the administration of 
justice. Among these are the following elective county 


Const. Mont., Art, Tin, Sec. 24; Political Code, §4,910, et seq. 



78 


CIVICS OF MONTANA. 


officers: Sheriff, Clerk of the District Court, Coroner, 
Public Administrator and Attorney, also the Constable 
elected by the township. Sheriffs, Clerks, Constables 
and their deputies may not practice law or be in part¬ 
nership with any person so practicing. 

Sheriff.—The Sheriff is the principal police officer of 
the county, is responsible for the preservation of the 
peace and the custody of all persons under arrest for 
infringement of the laws. In the performance of his 
duty of preserving the peace he must arrest and bring 
before the nearest magistrate any person apprehended 
in committing a public offense. For the prevention or 
suppression of affrays or riots, or for the arrest of 
criminals, he may command the assistance of such and 
as many male inhabitants of the county as he may deem 
necessary. 

He must attend all sessions of the District Court 
held in his county, proclaim the opening and closing 
of the court, secure the attendance of and call all wit¬ 
nesses, parties and other persons bound to appear be¬ 
fore the Court. 

He serves notices, processes and other papers and in 
general executes the orders of the Court. He appoints 
an Under Sheriff and such deputies as may be necessary 
for the performance of his duties. 

When the Sheriff is a party to an action or proceed¬ 
ing, the Coroner performs his duties. When it is con¬ 
sidered improper for either the Sheriff or Coroner to 
act, the Court appoints pro tempore some other resi¬ 
dent of the county, who is called an Elisor. 


JUDICIAL. 


79 


So far as the duties assigned to a Sheriff in the 
jurisdiction of the District Court are necessary in the 
jurisdiction of other courts, they are performed in the 
Supreme Court by the Marshal appointed by the Court 
itself, by the Constable in a Court of a Justice of the 
Peace, and by the Court Officer in a Police Court. 1 . 

County Attorney. —The County Attorney, as the 
public prosecutor of the County, conducts on behalf of 
the state all prosecutions for public offenses, and draws 
all papers necessary for such prosecutions. 

He is also the legal advisor of the county officers, 
and when required, must give his opinion in writing on 
all matters referred to him respecting the duties of 
their positions, by the county, district and township 
officers. He must attend the meetings of the Board 
of County Commissioners when required and must op¬ 
pose all claims against the county which are unjust or 
illegal. 

In case any money shall have been illegally paid 
through the action of the Commissioners or any other 
county officers, the County Attorney must institute 
proceedings for the recovery of the same and twenty- 
five per cent, in addition to the amount for damages, 
without formal authorization. And in case warrants 
have been illegally drawn and no moneys paid upon 
them, he shall commence action in the name of the 
county restraining such payment. 2 


1 Political Code, § 4,320, et seq. 

2 Political Code, g 4,450, et seq. 


80 


CIVICS OF MONTANA. 


Coroner. —All cases where death has occurred by 
accident or under suspicious circumstances, are inves¬ 
tigated by the Coroner, who assumes charge of the 
body and frequently of the property of the deceased. 
The investigation is made by a Coroner’s Inquest, 
which is simply a court for the determination of the 
question of criminality. Nine taxpayers are summoned 
by the Coroner to form a jury, though as few as six 
may act, witnesses are subpoenaed and a regular court 
is held. In case the jury finds sufficient evidence and 
the arrest of the proper person or persons has not al¬ 
ready been made, they are arrested by the Coroner and 
taken before the nearest Justice of the Peace for com¬ 
mitment. 

Under certain conditions the Coroner acts as Sheriff. 
When the Coroner is absent or unable to act, or in case 
of a vacancy in his office, any Justice of the Peace may 
perform the duty. 1 

Clerk of the District Court. —The Clerk of the Dis¬ 
trict Court keeps all the records and cares for all the 
books and papers required for the business of the 
Court. He issues all legal papers required by the 
Court. Among the books kept by him are the follow¬ 
ing: 

General index. 

Minute book. 

Record of probate proceedings. 

Declaration of intention to become citizens of the United 
States. 


1 Political Code, § 4,490; Penal Code, § 2,790. 



JUDICIAL. 


81 


Naturalization—Final papers. 

Register of criminal actions. 

Register of probate and guardianship proceedings. 

Index of persons sent to the insane asylum. 

Fee book. 

Record of jurors’ certificates. 

Witness book, i 

Public Administrator. —The Public Administrator, 
under the direction of the District Court, takes charge 
of the following classes of estates: 

Those for which no administrators are appointed in accordance 
with the will of the heirs. 

Those to which there are no known heirs. 

Those ordered into his hands by the Court. 

Those upon which letters of administration are issued to him 
by the Court. 

He reports to the Court semi-annually. 3 

Notaries Public. —One or more Notaries Public for 
each count}^ in the State are appointed by the Gover¬ 
nor, whose term of office is three years from the date 
of the commission. Each Notary must provide an 
official seal and execute a bond of $1,000, which bond 
must be approved by the County Clerk. 

A Notary Public demands acceptance and payment 
of bills of exchange and promissory notes, and protests 
the same for non-acceptance or non-payment; acknowl¬ 
edges certain forms of legal documents; takes deposi¬ 
tions and affidavits, administers oaths and affirmations, 
and furnishes certified copies of any records kept by 
him. 


1 Political Code, § 4,440. 

2 Political Code, g 4,510. 



82 


CIVICS OF MONTANA. 


He authenticates with his seal papers and his official 
acts, and receives a fee for each such authentication. 

Removal from the county for which he is commis¬ 
sioned vacates his office and is equivalent to a resigna¬ 
tion. 1 


1 Political Code, §910. 


OUTLINES FOR STUDY. 


1 . Supreme. 


JUDICIAL- REGULAR. 

2. District. 


3. Justice. 


How Composed. 2 1 . Number of Districts. 1. Jurisdiction. 


1 2 . Election. 

1 3 * Jurisdiction. 


2 2 . Election. 

2 3 . Jurisdiction. 


Extent. A - Extent. 

B - Appellate Writs. B - Original. 

c * Supervision of Su- c * Classes of Cases, 
perior Courts. 


1 *. Term. 

A - Judges. 

A1 Qualification. 


2 A . Term. 


Judges. 

Qualification. 


A - Original. 

A1 Classes of 
Cases. 

2 . Judges. 

2 '. Election. 

2 2 . Term. 

2 3 . Qualifica¬ 

tion. 

W rits—Appellate. 
Value of Writs. 


3 1 . Police Courts. 





JUDICIAL. 


83 


OUTLINES FOR STUDY. 


JUDICIAL - R 

1. Jurisdiction. 

1'. Ordinances. 

I 2 . Ex-officio Justice. 

JUDICIAL- i 

1. Senate. 

1 1 . Court of Impeachment. 

1 2 . Presiding Officer. 

OFFI 

1. Sheriff. 

2. County, Attorney. 

3. Coroner. 

4. Clerk of Court. 


LAR. - Continued. 

2. Judges. 

2 \ Election. 

2 2 . Term. 

2 3 . Qualifications. 

RREGULAR. 

2. Coroner’s Inquest. 

2 1 . When Called. 

2 2 . Jury. 

2 3 . Power. 

CERS. 

5. Public Administrator. 
A - Term. 

8 - Duties. 
c Qualification. 

A. 


Notaries Public. 






84 


CIVICS OF MONTANA. 


CHAPTER X. 

FINANCE. 

Revenues. —Theoretically all moneys used for public 
expenditures are derived from taxes or licenses. 

Practically, besides moneys received from taxes and 
licenses, considerable sums are obtained from fees, 
fines, bequests and revenues from public properties, 
particularly lands, which sums under direction of law 
are applied to the needs of the government. 1 

Taxes. —Taxes are of two kinds, per capita taxes 
and taxes upon property. 

Per Capita Taxes. —A per capita tax of two dollars 
per year, known as a poll tax, is levied on every male 
inhabitant of the state, between the ages of 21 and 60, 
except paupers, insane persons and Indians. 2 

A road tax of three dollars is also assessed annually 
from every able-bodied man above 21 years of age, 
and applied exclusively to the needs of the public high¬ 
ways and bridges. In case such tax assessed against 
any person is not paid, he must, in lieu thereof, 
perform one day’s work, of eight hours, at any rea- 


1 Const. Mont., Art. xii; Cooley on Taxation; Desty on Taxation; Bur¬ 
roughs on Taxation; Cooley, Const. Limitations. 

2 Political Code, §3,960. 



FINANCE. 


85 


sonable time and place designated by the Road Super¬ 
visor. 1 2 

Property Taxes. —All property in the state is sub¬ 
ject to taxation excepting the following items: 

United States, state, county, municipal, township, school dis¬ 
trict and public library property. 

Property used exclusively for agricultural and horticultural 
societies and for educational purposes. 

Places of actual religious worship. 

Hospitals and places of burial, unless conducted for profit. 

Institutions of purely public charity. a 

Taxation of Mines. —Mines and mining claims are 
assessed for purposes of taxation at the price paid for 
them to the United States, unless the surface ground is 
used for other than mining purposes, and so has an in¬ 
dependent value, in which case it must be assessed at 
such value. But all machinery and surface improve¬ 
ments together with the annual net proceeds of mines 
are taxed as other property. 3 

Corporations —The Constitution expressly forbids 
exemption from taxation of the property of any cor¬ 
poration. 4 

The franchise, roadbed, rolling stock, etc., of all 
railroads which are operated in more than one county, 
are assessed by the State Board of Equalization, and 
the amount divided between the various taxing districts 


1 Political Code, § 2,640. 

2 Const. Mont., Art. xn, Sec. 2; Political Code, §3,670, 3,671. 

3 Const. Mont., Art. xn, Sec. 3; Political Code, §3,672. 

4 Const. Mont., Art. xii, Sec. 7. 


86 


CIVICS OF MONTANA. 


of the state in proportion to the mileage operated in 
each district. 1 

Equalization of Assessment.—It is the duty of the 
State Board of Equalization, in open session at which 
the interests of the various counties may he considered, 
to adjust and equalize the amounts of assessment re¬ 
ported from the counties, so that each may bear its 
rightful share of the common taxation. And the same 
duty is performed for the divisions of the counties by 
County Boards of Equalization. 2 

Districts of Taxation.—Taxes are levied for raising 
revenue for the purpose of meeting expenses of the 
state, the county, the city or town, and the school dis¬ 
trict. In addition to regular taxes levied for the above 
districts special taxes are assessed against properties 
benefited for various kinds of improvements. 

State Taxes.—Once in two years the Legislative 
Assembly estimates the amount of revenue necessary 
for the expenses of the departments of the State Gov¬ 
ernment and makes appropriations in accordance with 
these estimates. The total amount of the appropria¬ 
tions determines the rate of taxation for the period 
covered. But the total appropriation made, together 
with a reasonable allowance for taxes not collected, 
must not exceed two and a half mills on each dollar of 
the assessed valuation; and after the total of taxable 
property in the state amounts to $300,000,000, the rate 

1 Political Code, §3,696. 

2 Const. Mont., Art. xii, Sec. 15; Political Code, §3,780, §3,800. 


FINANCE. 


87 


of taxation must not exceed one and a half mills on the 
dollar. Bnt the people of the state, at any general 
election, may, for a definite, specified time, by a major¬ 
ity vote authorize a limited increase of such levy. 1 

County Taxes.—The County Commissioners in any 
county must levy taxes each year for the construction 
and maintenance of highways and bridges, for the care 
of the poor of the county, and for general county pur¬ 
poses. The road tax must be at least one mill and not 
more than two mills on the dollar of assessed valuation. 
The poor tax may not exceed two mills on the dollar, 
and the tax for general county purposes may not ex¬ 
ceed sixteen mills on the dollar. 2 

School Taxes.—In the absence of any provision for 
a regular school tax the schools must be provided for 
by a special tax each year. This tax is levied by the 
school trustees of any district after authorization by a 
majority vote at a special school election and may not 
exceed ten mills on the dollar of the appraisement of 
the district. 3 

City Taxes.—The City Council annually makes the 
tax levy for municipal purposes. The tax levied for 
general administrative purposes may not exceed ten 
mills on each dollar of taxable property. 

The tax for construction and care of the streets must 
be at least one mill and may not exceed two mills on 


1 Const. Mont., Art. xn, Sec. 9; Political Code, § 3,820, 3,830, § 2,640. 

2 Political Code, §3,825, §3,230. 

3 Political Code, § 1,940. 



88 


CIVICS OF MONTANA. 


the dollar. The tax for the maintenance of a public 
library may not exceed one mill on the dollar. 

In addition the City Council may provide for the 
sprinkling of the streets by a special tax against the 
property benefited. For the construction of a system 
of sewerage and the municipal ownership of water 
works special arrangements are permitted. 1 

Collector of Taxes —All taxes, except city taxes 
in cities of the first class, are collected by the County 
Treasurers, who, in the manner prescribed by law, re¬ 
mit the amount of the state tax to the State Treasurer, 
and apportion the remaining amounts among the sev¬ 
eral funds under their charge. 

In cities of the first-class, the City Treasurer is the 
collector. 2 

Licenses. —The state, county and city governments 
collect considerable amounts from licenses, which are 
required of persons and corporations engaged in most 
kinds of business conducted in the state. 3 

Franchises —In most cases franchises (implying 
the use of streets or other property under the control 
of the government, conveying to a limited extent the 
privilege of condemning and acquiring property 
under the right of the goverment to eminent domain, 
or permitting the control and management of what 
is really a natural monopoly) are granted without 


1 Political Code, §4,860, et seq. 

2 Political Code, § 4,860, et seq. 

3 Political Code, § 4,800, §4,900. 


FINANCE. 


89 


a tangible consideration. This is done on the assump¬ 
tion that the plant usually involves a considerable out¬ 
lay before any profits are received, and that the people 
at large are sufficiently benefited by the business for 
which the franchise is granted. But where it seems 
desirable the Legislative Assembly, the County Commis¬ 
sioners or the City Council, may require a financial or 
other tangible consideration. Franchises, however, in 
all cases are regarded as having an assessable value, 
and must be taxed as other property. 

Fees. —For the recording of many kinds of official 
papers, furnishing copies of the same and many other 
official acts, fees are collected. In general the moneys 
obtained from this source must be turned over to the 
treasury and used to help in meeting the expenses of 
the government. 1 

Fines. —The fines obtained in the courts in accord¬ 
ance with the statutes of the state constitute another 
source of revenue. 

Revenues from Public Properties. —The income 
from the lands, or the proceeds of the sale of lands, 
granted by the national government for educational 
purposes, or the support of state institutions, consti¬ 
tutes a part of the revenue applicable to the needs of 
the objects specified. Donations and bequests to the 
state and property reverting to the state by escheat or 
forfeiture are also among the resources of the govern¬ 
ment. Unless obtained under other conditions, all 


1 Political Code, § 4,630, et seq. 



90 


CIVICS OF MONTANA. 


such properties, together with any funds which may 
accumulate in the treasury and for the disbursement.of 
which no other legal provision is made, are added to 
the school fund, and the income only expended. 

State Indebtedness _The debt of the state may 

not at any time exceed $100,000, except in case of 
war, to repel invasion or suppress insurrection, or un¬ 
less the proposition creating the same shall have been 
legally approved by a majority vote at a general elec¬ 
tion. 1 

County Indebtedness. —A county may not incur a 
debt of more than $10,000, except with the approval 
of a majority of the electors of the county. This ap¬ 
proval may be obtained at either a regular or a special 
election, but the total indebtedness of any county may 
not exceed 5 per cent, of the valuation of the county. 2 

Municipal, Township and School District In¬ 
debtedness. —The total indebtedness of any township 
or school district may not exceed 3 per cent, of the 
taxable value of property in the township or school 
district. And should a larger debt be contracted, the 
excess is void. The indebtedness which may be con¬ 
tracted by a city or town is subject to the same limita¬ 
tion as that of the township or school district, except 
that the Legislative Assembly may authorize the mu¬ 
nicipalities to submit to the voters a proposition to in¬ 
crease the indebtedness in order to construct a sewer - 


1 Const. Mont., Art. xm. 

2 Const. Mont., Art. xih. 



FINANCE. 


91 


age system, or to obtain control of a water supply for 
the said city or town. But in case of the creation of a 
debt for the latter purpose, the revenues therefrom 
must be applied to the payment of the debt. 1 

General Provisions Respecting Debts. —When a 
debt is contracted a tax must at the same time be 
levied sufficient in amount to pay the interest on the 
bonds issued, and to extinguish the principal when the 
time for which the bonds are issued shall have expired. 
The proceeds of the accumulation of such a tax is 
known as a sinking fund. 

Any county or municipal indebtedness may not be 
assumed by the state, nor may the state of any politi¬ 
cal division incur indebtedness in behalf of any indi¬ 
vidual, association or corporation, or guarantee indebt - 
ness incurred by such individual, association or cor¬ 
poration. 


1 Const. Mont., Art. xni. 


92 


CIVICS OF MONTANA. 


OUTLINES FOR STUDY. 


I . Revenues. 

1 1 . Taxes. 

A - Property. 

B Per Capita. 
B1 Poll. 

B2 Road. 

1 2 . Licenses. 

Division. 

A - State. 

B - County. 
c - City. 

°* National. 

1 3 . Collector. 


FINANCE. 

2. Indebtedness. 
Limit. 

A State. 

B - County. 
c * City. 

D School. 





RELATIONS BETWEEN THE GOVERNMENTS. 


93 


CHAPTER XI. 

RELATIONS BETWEEN THE STATE AND UNITED STATES 
GOVERNMENTS. 

Republican Form of Government —The nation 
guarantees to all the states of the Union a republican 
form of government in local affairs and furnishes them 
with such a form in National affairs. As a condition 
of being received into the sisterhood of states each 
new state is required to adopt such a republican form 
of government. 

Analogy Between State and United States Con¬ 
stitutions —In the formation of the state constitution, 
the United States Constitution is the ever present 
model. This is true of all the states, the instruments ex¬ 
isting at the time of the declaration of independence hav¬ 
ing been abrogated, and new ones substituted more in 
harmony with the common ideal. All the states have 
adopted a constitution embodying the common feat¬ 
ures, the last to change from the colonial charter being 
Rhode Island and this did not occur till 1842. But to 
a certain extent in the older states and quite frequently 
in the newer ones, new constitutions have been adopted 
and the framework of the National government has al¬ 
ways suggested that of the state. 


94 


CIVICS OF MONTANA. 


Up to the time when Montana, Washington and the 
two Dakotas received their recognition as states, one 
hundred and five district constitutions had been 
adopted by the various states, nearly twice as many 
constitutional conventions had been held, and two hun¬ 
dred and fourteen partial amendments had been made 
to state constitutions. In all these changes the com¬ 
mon thought was authoritative. 1 

The analogy between the national and state govern¬ 
ments is first apparent in the three-fold division of the 
powers of government into the executive, the legisla¬ 
tive and the judicial, the provision for the independ¬ 
ence of each and the checks to prevent any one over¬ 
shadowing the others. The analogy extends to the 
officers who represent the people in the exercise of the 
government and is conspicuous in their duties, their 
prerogatives and their forms of proceeding. 

The same analogy is apparent in the administration 
of the corporate political divisions of the state. 

A marked resemblance is evident, in the duties as¬ 
signed and forms observed, between the President of 
the United States, the Governor of a state, and the 
Mayor of a city. The Vice-President is represented in 
functions in the state government by the Lieutenant- 
Governor, and in the city by the President of the 
Council. 

The transaction of business in the legislative depart¬ 
ment by means of committees instead of the initiative of 

1 Hitchcock’s Am. State Constitutions. 



RELATIONS BETWEEN THE GOVERNMENTS. 


95 


a responsible ministry, and the independence of the 
judiciary, perhaps the most distinctively American 
features of our constitution, are features common to 
nation, state and city. In the states as in the nation 
the legislature is composed of a senate and a house of 
representatives, each embodying a different principle 
of representation, and a different tenure of office. 
The same division occurs in many .states in the munici¬ 
pal council, but this is not so in Montana. 

Illustrations of the same analogy could be multiplied 
almost indefinitely, but enough has been given to indi¬ 
cate its completeness. 

Sovereignty —Every citizen of the United States 
owes a two-fold allegiance to the nation and to the 
state. This allegiance is direct and entire in respect 
to both. In certain particulars the Nation exercises 
control and in certain the state, but in both the author¬ 
ity is exercised directly on the citizen. In only one 
direction is the prerogative of the National exercised 
through the state government, and in only one direc¬ 
tion can the state government command the Nation. 
In case of war or to repel invasion the President 
of the United States, may, through the Gov¬ 
ernor of a state, summon the militia of a state and 
assume command of them. When it becomes apparent 
that the resources at the command of the Governor are 
insufficient to preserve order and to execute the laws 
of the state, the Governor may appeal to the Presi¬ 
dent, and he must furnish assistance. But in this case 
even, the Nation retains authority over its own servants. 


96 


CIVICS OF MONTANA. 


Participation of the State in the National Gov¬ 
ernment. —The people of a State co-operate with those 
of other states in the election of the President of the 
United States. They are also represented in the 
United States Senate by two Senators, and in propor¬ 
tion to the population in the House of Representatives. 
The Congressional Representative is elected by a pop¬ 
ular vote and his term of office is two years. The vote 
for President is also popular, but it is not direct. In¬ 
stead of voting directly for their choice, the people 
vote for a certain number of electors, and the electors 
chosen are in honor bound to vote for the choice of the 
people whom they represent. The Senators are chosen 
as the legislature of the state may determine. In the 
state of Montana this is by the legislature direct. The 
term of office of the President is four years, that of the 
Senators is six years, but the terms of the two Sena¬ 
tors are so arranged that both do not expire at the 
same time. 

By an unwritten law of procedure, the National 
government also chooses from the various states, and 
in about the proportion of their respective populations, 
its employes in the governmental departments and in 
foreign countries. In 1893 there were eighteen citi¬ 
zens of Montana employed in the executive departments 
at Washington. 

Authority of the United States Within State 
Limits —For enforcing the laws of the United States, 
collecting United States taxes and other purposes the 
National government appoints its own servants in each 


RELATIONS BETWEEN THE GOVERNMENTS. 97 


state. These are almost always citizens of the state in 
which their duties are performed. According to the 
last United States Official Register, or Blue Book, as it 
is commonly termed, there were within the boundaries 
of the state of Montana nearly a thousand persons en¬ 
gaged in the interests of the National government, 
without reckoning officers and soldiers of the regular 
army, detachments of which were located at Forts As- 
sinnaboine, Keogh and Missoula. About a dozen people 
are employed in the assay office. 

Public Lands. —The ownership of a large portion of 
the territory of the state of Montana is retained by 
the United States, and demands the attention of two 
sets of government employes. All matters respecting 
boundaries and surveying are under the direction of 
the United States Surveyor-General of the survey dis¬ 
trict of Montana, whose headquarters are at the state 
capital, and under whom is a considerable force of 
clerks, draughtsmen and deputy surveyors. There are 
also land offices at several places in the state, to which 
is assigned the duty of allotting the lands belonging to 
the National government to actual settlers under the 
laws respecting homestead and pre-emption. At these 
land offices also direct sales of land are sometimes 
made. 

Temporarily a number of United States Mineral 
Land Commissioners are now engaged within the state, 
their duties being confined to disputes existing between 
the National government and the Northern Pacific 
Railroad regarding the mineral lands. 

O O 


98 


CIVICS OF MONTANA. 


Indian Service. —About two hundred and fifty per¬ 
sons were employed on the various Indian reservations, 
about two-fifths of this number being the Indian police 
and one-fifth instructors in the Indian schools. The 
remainder were engaged in the judiciary department 
or in offices from which the government collects a 
revenue. 

Judiciary Department.— The judicial district of 
Montana comprises a part of the ninth judicial circuit, 
the two Judges representing which at present have 
their headquarters at Portland, Ore., and San Fran¬ 
cisco, Cal. The force at present employed in the dis¬ 
trict consists of a Judge, an Attorney, a Marshal, a 
clerk and fifty-two United States commissioners dis¬ 
tributed over the state. 

United States Taxes. —Owing to the unpopular 

nature of direct taxes when assessed by the National 
government, such taxes as are collected by the United 
States are what are known as indirect taxes. These 
are taxes which, while ultimately paid by the con¬ 
sumer, are so incorporated into the price of his goods 
as not to be recognized by him as a tax. And gener¬ 
ally in laying the tax the government has in view, not 
only the creation of revenue, but also some philan¬ 
thropic or economic advantage. This is true of cus¬ 
toms duties which aim to discourage the consumption 
of luxuries or of products of foreign factories, and 
of the internal revenue tax which is directed against 

O 

luxuries or industries which should be discouraged. 

O 

The Collector of customs duties has his headquarters 


RELATIONS BETWEEN THE GOVERNMENTS. 


99 


at Fort Benton. A deputy collector and inspector is 
stationed at Sweet Grass station, on the Great North¬ 
ern Railway. Mounted inspectors patrol some of the 
Indian reservations, and other employes of the custom 

house are distributed through the state. 

© 

The internal revenue district of Montana embraces 
the states of Idaho, Utah and Montana, and in 1893 
had a force of fourteen employes, six of whom were 
stationed in the state of Montana. 

Post-Offices.—In 1893 there were three hundred and 
ninety post-offices in the state, and consequently three 
hundred and ninety postmasters. This allows rather 
more than one post-office for every five hundred inhab¬ 
itants, and the compensation of the postmasters ranged 
that year all the way from eighty-eight cents to thirty- 
one hundred dollars. In the various post-offices were 
employed thirty-eight clerks and nineteen letter- 
carriers. In the railway mail service in the state were 
forty-two employes. The contracts for railway mail 
service were let to twenty different contractors, and 
there were one hundred and sixty-two star routes, the 
business of which was distributed among forty-nine 
contractors. 

The revenue derived from carrying the mails is not 
considered either by the government or the people as a 
tax, but rather as a reasonable payment for services 
performed. It has always been the object of the gov¬ 
ernment to make the post-office department nearly self- 
sustaining, and, consistently with this object, to furnish 
the most complete service at the lowest possible rates. 


100 


CIVICS OF MONTANA. 


Land Offices. —Besides the above offices within the 
state of Montana, the United States has a force 
employed to look after its interests respecting the 
public lands. These are granted to actual settlers 
under the laws respecting homestead and pre-emption 
locations, and some revenue is derived from direct sale. 

Appointments to United States Employ.— Roughly 
speaking, about two-thirds of the employes of the 
United States civil service are appointed by the Presi¬ 
dent or some appointing officer, and if there are exam¬ 
inations they are not competitive in nature. The 
appointing officer is in this case responsible for the 
results of the work intrusted to him, and is supposed 
to select those persons who will give the best satisfac¬ 
tion in the positions to which they are appointed. As 
a general rule the term of office of such employes is 
four years, at the end of which time their service 
ceases unless reappointed. 

About one-third of the employes of the government, 
belonging to what is known as the classified list are ap¬ 
pointed after a partly competitive examination, and 
after a certain trial period, receive a permanent ap¬ 
pointment. In the classified list both appointments 
and promotions are made in accordance with examina¬ 
tions under the supervision of the Civil Service Com¬ 
mission. The Commissioners draw up a set of ques¬ 
tions applicable to each position in the classified list. 
Contestants are ranked by the examining boards and 
when a vacancy occurs the three highest on the list are 
reported to the appointing officer and he selects any 


RELATIONS BETWEEN THE GOVERNMENTS. 101 


one of the three. When another vacancy occurs for 
the same position the names of the two not selected are 
reported with that of the applicant who stands fourth, 
and so on. But no name may be reported more than 
three times. In the state of Montana the positions 
open in the classified list are in the post-office (includ¬ 
ing railway mail) and in the Indian department, and 
for positions in the departmental offices in Washington. 


102 


CIVICS OF MONTANA. 


CHAPTER XII. 

CITIZENSHIP. 

Objects of Government.—The preamble to the Con¬ 
stitution of the United States indicates that govern¬ 
ment exists in order to secure the following results: 

The establishment of justice. 

The preservation of domestic tranquillity. 

The provision for the common defence. 

The promotion of the general welfare. 

The maintenance of the blessings of liberty. 

This is another way of stating in accordance with 
the preamble of the Declaration of Independence that 
governments are instituted among men in order to se¬ 
cure the inalienable rights of Life, Liberty and the 
Pursuit of Happiness. 

Thus our nation is fully committed to the principle 
of government for the good of the people. The full 
theory of the constitution is aptly summarized in the 
world renowned Gettysburg address of the Martyr 
President as the “government of the people, by the 
people and for the people.” 

The Duty of Government to the People.—We con¬ 
sider first the government ‘ ‘ for the people. ’ ’ 

Establishment of Justice—A true government 
must establish and maintain a judicial and administra- 


CITIZENSHIP. 


103 


tive system which mast recognize the right of every 
individual within its borders to security of life and 
limb, of property and civil equality. It must provide 
penalties and processes calculated to protect the law 
abiding from the lawless, the weak from the strong, 
the poor from the rich and the rich from the poor. 
It must in every way encourage virtue and discourage 
vice. 

Preservation of Domestic Tranquillity. —For the 

apprehension of evil-doers, the suppression of riots and 
the general preservation of the peace of the community 
all modern governments maintain police and military 
forces, well officered, disciplined and equipped. 

Provision for the Common Defence —To keep the 
country safe from foreign aggression, it is essential 
that the military force be sufficiently numerous and 
well provided, that defences be of proper nature and 
condition, that the navy be large enough and efficient 
enough to meet all the demands of modern conditions. 

Maintenance of Liberty— Every inhabitant of a 
free country has a right to the fullest liberty of speech 
and action. This liberty may be personal, political or 
religious. 

In his personal relations every citizen is permitted 
to say or do what he wishes, subject only to due re¬ 
sponsibility and a reasonable recognition of the rights 
of others. 

In his political relations every citizen is permitted to 
form his own opinions and to exercise his prerogatives 
free from dictation by others. Special attention is 


104 


CIVICS OF MONTANA. 


given to political safeguards in the civil government of 
the state and country. 

In his religious relations the individual must be en¬ 
tirely free. Neither the government nor any other 
citizen must dictate respecting the religious theories or 
exercises of any person. 

Promotion of the General Welfare. —The pro¬ 
motion of the general welfare, may be said from one 
point of view to include all the above mentioned 
propositions. But it has been well to mention them 
separately. In addition to all these principles, how¬ 
ever, it is now generally agreed that government should 
in every way—short of direct paternalism—attend to 
the interests of the people. It is the duty of all patri¬ 
otic citizens, either through their representatives or by 
their power of initiative and referendum in the amend¬ 
ing of the constitution to see that the government is 
in reality a government of the people. 

Duties to the Government —We consider secondly 
the government “ of the people.” 

Establishment of Justice.— Good laws are of very 
little effect unless they have the support of the people 
for whom they are designed. Every true citizen must 
cheerfully recognize the authority of laws framed by 
his representatives. He must submit to them under 
all conditions. Even should he not consider them wise 
he must recognize them as long as in force, though he 
should in the regular way strive to have them cor¬ 
rected to meet his ideas. It has been said that the 
best way to get rid of a bad law is to enforce it. And 


CITIZENSHIP. 


105 


enforcing a good law is bound to strengthen it. In 
his capacity as a,citizen one must recognize the author¬ 
ity of those appointed to carry out the laws, and him¬ 
self aid in their enforcement, whether as an official, a 
juryman, a member of a sheriff's posse, or in other 
ways that may occur. 

Preservation of Domestic Tranquillity.— In gen¬ 
eral all male citizens of the state of Montana are con¬ 
sidered as members of the state militia, and may be 
called on for active duty whenever the need arises. In 
cases of riot or the apprehension of criminals, any 
citizen may be called upon by suitable process to assist 
the proper officer of justice. Formal membership in 
the National Guard and regular drill is, however, in 
time of peace, left to voluntary action. 

Provision for the Common Defence. —United in a 
common spirit of patriotism the citizens of the various 
states are also citizens of the United States, and in 
every way are bound to support and co-operate in the 
maintenance of the National power. 

Maintenance of Liberty —It is the duty of every 
citizen to recognize that every other citizen has the 
same right to liberty of speech and action which he 
himself possesses. He should in a spirit of tolerance 
regard as natural any differences of personal, political 
or religious opinion in which others may differ from 
him. While all citizens should sink in their pride in 
the common country all minor disagreements. 

Promotion of the General Welfare —No govern¬ 
ment is perfect and faults are bound to exist. But no 


106 


CIVICS OF MONTANA. 


American citizen can fail to be proud of his heritage. 
It was once said that “To be a Roman was greater than 
to be a king.” This was a mere figure of speech to 
those who claimed protection from a country far less 
praiseworthy than our own. With all its faults, and 
we do not say faults are lacking, the United States is 
the best nation on the face of the globe. Every patri¬ 
otic citizen, while frankly recognizing what is wrong, 
should also strive to remedy the imperfections. He 
should also work with might and main to extend the 
prestige of the nation and to make it the more an 
agency for good to all w r ho recognize the authority of 
its laws. 

Who Are American Citizens.—Lastly we have a 
few words to say on government ‘ ‘ by the people. ’' 
The term citizen with all that the term involves re¬ 
specting rights, privileges and duties is applied to all 
persons born in the United States except such persons 
as, born of foreign parents, voluntarily elect to be con¬ 
sidered citizens of the country of their parents. It 
also includes chifdren born of American parents in 
foreign countries, unless such children voluntarily 
choose to be considered citizens of the country of their 
birth. 

Besides these native citizens any Caucasian or Negro 
may become a naturalized citizen after a residence of 
five years in the United States. In order to become 
such a naturalized citizen he must make application at 
least two years before he receives his final papers, and 
must make oath or affirmation voluntarilv renouncing 

* O 


CITIZENSHIP. 


107 


all allegiance to the government of which he had been 
a citizen. 

In the state of Montana every male citizen over 21 
years of age is a voter and in this capacity participates 
with every other voter in the government of the land. 
The enforcement of the laws, the selection of the right 
men for public offices, the maintenance of the dignity 
and efficiency of the government, depend in the last 
analysis on the intelligence and character of the 
people. 


OUTLINE FOR STUDY. 


CITIZENSHIP. 

Objects of Government. 

A - Preamble of U. S. Constitution. 

A1 What the Citizen Owes the State. 
A2 What the State Owes the Citizen. 


2. Who Are Citizens. 




108 


CIVICS OF MONTANA. 


OUTLINES FOR STUDY. 


APPOI NTM ENTS - VACANCI ES. 


I. Governor. 

2 Dist. Judge. 

I 1 . U. S. Senator. 

I 2 . State Auditor. 

I 3 . State Treasurer. 

I A . Attorney General. 

I *. Superintendent of Public 

I 6 . Secretary of State. 

I 7 . Supreme Judges. 

I 8 . Newly Created Offices. 

I Regular Appointments. 

1'°. Issues Writs of Election 
for Congressman and 
Legislator. 


!. Co. Commissioners. 

3 1 . Co. Officers. 

4. Co. Supts. 

4'. School Trust’s. 

Instruction. 

SUCCESSION. 

2. Lieutenant Governor. 

3. Pres’t pro tempore, Senate. 

4. Speaker of the House. 




APPENDIX 


Summaries of Statistics of Montana . 1 


First visited by white men. 1742 

Ceded to Spain by France. 1763 

Ceded to France by Spain. 1801 

Acquired by United States as part of the Louisiana purchase 1804 

Part of Territory of Louisiana. 1805 

First trading post on the Yellowstone. 1809 

Part of Territory of Missouri. 1812 

First settled at Fort Union, by fur traders. 1829 

Foit Benton founded. 1846 

Part of Missouri Territory and Oregon Territory. 1848 

Part of Missouri Territory and Washington Territory. 1853 

Part of Nebraska Territory and Washington Territory. 1854 

Part of Dakota Territory and Washington Territory. 1861 

Part of Idaho Territory. 1863 

Territory of Montana established. 1864 

Present boundaries fixed. 1873 

Admitted into the Union. 1889 


Population in 1860. 288 

Population in 1870. 20,595 

Population in 1880. 39,159 

Population in 1890. 132,159 


1 These statistics have been compiled from the various Reports of the 
United States Census and the United States Director of the Mint; the publica¬ 
tions of the Montana Bureau of Agriculture, Labor and Industry; The 
Engineering and Mining Journal; MacCoun’s Historical Geography of the U. S., 
and from various other authorities. Where dates are not given, the figures 
are the latest obtainable. 


























110 


CIVICS OF MONTANA. 


Native Born.89,063 


Montana.21,618 

New York. 

6,283 

Missouri. 

6,105 

Illinois. 

5,138 

Ohio. 

5,017 

Pennsylvania.. 

4,871 

Iowa. 

4,792 

Wisconsin. 

3,924 

Minnesota. 

3,411 

Michigan. 

3,335 

Indiana. 

2,406 

Oregon. 

1,958 

Maine. 

1,722 

Kentucky. 

1,515 

Massachusetts. 

1,345 

Kansas. 

1,306 

Virginia. 

1,149 

California. 

1,126 

Other states... 

9,002 

Not known.... 

2,983 

At sea and 


abroad. 

57 

Foreign Born ... 


Canada. 

9,040 

Ireland. 

6,638 

England. . 

6,480 

Germany. 

5,609 


Males of militia age 
Males of voting age, 


Males of school age, 5-20.... 
Females of school age, 5-20... 

Civilized Indians. 

Membership of State Militia. 

Area in square miles. 

Beaverhead County. 

Carbon County. 

Cascade County. 


Sweden. 3,771 

China. 2,564 

Norway. 1,957 

Scotlaud. 1,588 

Austria. 939 

Italy. 734 

Wales. 719 

Denmark. 683 

All other coun¬ 
tries. 2,374 

Born of Foreign 

Parents. 

Males. 

Married.22,772 

Single. 62,445 

Widowed. 1,706 

Divorced. 253 

Unknown. 706 

Females. 

Married.18,766 

Single. 23,341 

Widowed. 1,906 

Divorced. 217 

Unknown. 47 

Caucasian.127,257 

Negro. 1,490 

Chinese. 2,532 

Japanese . 6 

. 54,490 

.. 65,415 

. 15,744 

. 14,496 

.. 860 

. 514 


.146,080 

4,200 

3,000 

2,600 


73,661 

87,882 


44,277 

























































SUMMARIES OF STATISTICS. 


Ill 


Choteau County. 14,835 

Custer County. 26,580 

Dawson County. 13,194 

Deer Lodge County . 4,111 

Fergus County. . 6,762 

Flathead County. 8,434 

Gallatin County.. 2,600 

Granite County.. ... 1,557 

Jefferson County. 1,850 

Lewis and Clarke County. 2,600 

Madison County. 4,250 

Meagher County. 6,640 

Missoula County.. 7,150 

Park County. 2,900 

Ravalli County.:. 2,889 

Silver Bow County. 915 

Sweet Grass County... 3,000 

Teton County... 7,900 

Valley County. 13,486 

Yellowstone County. 4,527 


Number of dwellings, 1890... 26,934 

Number of families, 1890. 27,501 

Number of persons to a dwelling. 4.91 

Number of persons to a family. 4.81 

Rank of state among United States in respect to area. 3 

Rank of state among United States in respect to pop¬ 
ulation. 45 

Rank of state among United States in respect to density 

of population. 44 

Estimated population, 1895. 200,000 

Number of counties. 23 

Number of postoffices. 390 

Number of United States Representatives. 1 

Number of miles of railroad. 2,712 

Number of pupils in public schools. 24,973 

Number of newspapers. 89 

Latitude..44° 6' to 49° N 






































112 


CIVICS OF MONTANA. 


Longitude...104° to 116° W 

Number of acres of vacant public land, 1894 . 10,865,367 

Total vote on state constitution, October 1,1889... 5,058 

Total vote on location of state capital, 1891. 52,142 


Assessed property, 1895 1 - 

Beaverhead County. 

Carbon County. 

Cascade County. 

Choteau County. 

Custer County. 

Dawson County. 

Deer Lodge County. 

Fergus County. 

Flathead County. 

Gallatin County. 

Granite County. 

Jefferson County. 

Lewis and Clarke County 

Madison County. 

Meagher County. 

Missoula County. 

Park County. . 

Ravalli County. 

Silver Bow County. 

Sweet Grass County_ 

Teton County. 

Valley County. 

Yellowstone County. 


. $104,370,505 

$3,074,507 

997,827 

10,700,263 

3,341,689 

5,137,246 

1,935,937 

5,032,855 

4,244,113 

2,093,075 

5,181,791 

1,896,083 

3,104,990 

16,520,750 

2,793,375 

3,901,999 

4,552,318 

3,129,260 

1,902,602 

17,818,980 

1,383,579 

1,722,467 

724,572 

3,180,227 


Production of gold in 1894. $ 3,651,410 

Total production of gold to 1894. 193,941,478 

Production of silver in 1894. 16,575,458 


1 The figures here given are those reported to the State Board of Equal¬ 
ization in July by the various County Assessors. The figures were afterwards 
raised considerably by apportionment of railroad and other assessments, as 
explained in Chapter x. e. g. The final figures make the assessment of Silver 
Bow county $23,093,405, and that of the state $324,076,585.50. 



































SUMMARIES OF STATISTICS. 113 

Total production of silver to 1894.. $207,998,425 

Production of copper in 1894. 17,375,692 

Total production of copper to 1894. 144,216,899 

Production of lead in 1894. 730,552 

Total production of lead to 1894. 7,464,124 

Production of coal in 1894. 1,700,000 

Total production of coal to 1894... 9,133,392 


Number of acres planted with wheat, 1892. 32,331 

Number of acres planted with rye, 1892. 179 

Number of acres planted with barley, 1892. 9,526 

Number of acres planted with corn, 1892. 921 

Number of acres planted with oats, 1892. 94,558 

Number of acres planted with potatoes, 1892. 3,431 

Number of bushels of wheat produced, 1892. 837,835 

Number of bushels of rye produced, 1892. 5,220 

Number of bushels of barley produced, 1892. 325,272 

Number of bushels of corn produced, 1892. 33,251 

Number of bushels of oats produced. 1892. 3,672,744 

Number of bushels of potatoes produced, 1892. 560,613 

Average production of wheat per acre, 1892. 25.91 bush. 

Average production of rye per acre, 1892. 29.16 bush. 

Average production of barley per acre, 1892. 34.14 bush. 

Average production of corn per acre, 1892. 36.10 bush. 

Average production of oats per acre, 1892. 38.84 bush. 

Average production of potatoes per acre, 1892. 160.48 bush. 


Number of banks, September 1, 1894. 49 

Paid up banking capital, September 1, 1894. $7,077,000 

Number of cattle shipped to eastern markets, 1894. 242,655 

Number of cattle killed for home consumption, 1894.... 60,000 

Value of cattle killed or shipped, 1894.$10,592,925 

Number of pounds of wool produced, 1894. 17,642,079 

Number of horses assessed, 1894... 184,633 

Number of cows assessed, 1894. 28,473 

Number of stock cattle assessed, 1894. 642,427 

Number of sheep assessed, 1894. 2,228,875 

Number of hogs assessed, 1894. 12,596 







































114 CIVICS OF MONTANA. 

Total indebtedness of counties, February 28,1895.... $2,856,053.71 


Methodist Episcopal churches. 55 

Methodist Episcopal membership. 2,500 

Methodist Episcopal Sunday school members. 5,100 

Protestant Episcopal churches. 32 

Protestant Episcopal membership. 1,711 

Protestant Episcopal Sunday school members. 1,284 

Presbyterian churches. 34 

Presbyterian membership.. 1,750 

Presbyterian Sunday school members. 6,451 

Christian churches. 13 

Christian membership. 950 

Christian Sunday school members. . 833 

Baptist churches. 20 

Baptist membership. . 1,029 

Baptist Sunday school members. 1,163 

Methodist Episcopal Church South churches. 17 

Methodist Episcopal Church South membership. 917 

Methodist Episcopal Church South Sunday school members 646 

Congregational churches. 10 

Congregational membership.. 498 

Congregational Sunday school members. 763 

German Lutheran churches. 14 

German Lutheran membership. 350 

German Lutheran Sunday school members. 113 

Unitarian churches. 2 

Unitarian membership. 250 

Unitarian Sunday school members. 175 

Salvation Army corps. 6 

Salvation Army soldiers. 300 

Roman Catholic churches. 94 

Roman Catholic membership. 29,309 


Free public libraries... .. 8 

Other libraries other than school libraries.. 6 

Number of volumes in public libraries.. 70,000 

Number of volumes in school libraries. 8,000 






































SUMMARIES OF STATISTICS. 115 

LIST OF GOVERNORS OF MONTANA. 

TERRITORIAL. 

.Commissioned June 22, 1864 

Acting Governor September, 1865 

.Commissioned July 18, 1866 

.Commissioned April 9, 1869 

.Commissioned July 13, 1870 

.Commissioned 1883 

Commissioned December 16, 1884 

.Commissioned 1885 

.Commissioned 1886 

.Commissioned 1889 

STATE. 


Joseph K. Toole.1889—1893 

John E. Rickards.1893- 


( The Bonanza State. 

Popular names for Montana.] The Treasure State. 

( The Mountain State. 


Indian name, To “Yabe-Shock” Up, “The Country of the Mount- 


Sidney Edgerton. 

Thomas F. Meagher.. 
Green Clay Smith.... 

James F. Ashley. 

Benjamin F. Potts- 

John Schuyler Crosby 

B. Platt Carpenter- 

Samuel T. Hauser- 

Preston H. Leslie- 

B. F. White. 


ains. 


















CONTRIBUTION 


TO A 

BIBLIOGRAPHY OF MONTANA. 


LIST OF BOOKS OR ARTICLES TREATING WHOLLY OR IN 
PART OF MONTANA AT LARGE. 


Address to the members of the legislature and the citizens of 
Montana [on concentration of state educational institutions] 
[1892] pph. 

Anaconda Standard almanac, 1893-4. 2 pphs. 

Bancroft, H. H. Hist, of the northwest coast. 2 v. S. F. 1886. 

Hist, of Washington, Idaho and Montana. S. F. 1890. 
Barneby, W. H. Life and labour in the far, far West. N. Y. 1884. 
Barrows, W. Travels in Montana and Idaho. {In Boston Re¬ 
view. Yol. 5.) 

Biddle, Nicholas. History of the expedition under the command 
of Lewis and Clarke, during the years 1804, 1805, 1806. 2v. 
N. Y. 1842. 

Billings, E: E. Marking the boundary: [fiction]. St. Paul. 
1893. 

Botkin, Alex., and J. B. Watkin. Legislative manual of Mon¬ 
tana. Helena. 1895. pph. 

Bourke, J: G. On the border with Crook. N. Y. 1892. 

Bowles, S: Across the continent. Springfield, Mass. 1865. 
Brockett, L. P. Our western empire. Bradley, Pa. 1880. 
Carpenter, E. W. Glimpse of Montana. {In Overland Mo. Yol. 2.) 




BIBLIOGRAPHY. 


117 


Carrington, Mrs. M. J. Ab-sa-ra-ka, the home of the Grows. 
Phil. 1868. 

Clemens, S: L. Roughing it. Hartford [1872]. 

Collins, Jerry. Montana: exhibit at the World’s Fair, Chicago, 
1893, and a description of the various resources of the state, 
pph. 

Colman, J. Montana and Idaho. {In Lipp. Mag. Vol. 31.) 
Cooper, J. G. Fauna of Montana. {In Am. Nat. Yols. 2 and 3.) 

Sylva of Montana. {In Am. Nat. Vol. 3.) 

Cope, E. D. Zo-ology of Montana. {In Am. Nat. Vol. 13.) 

Coues, E., e.d. History of the expedition under the command of 
Lewis and Clarke. 4v. N. Y. 1893. 

Davies, J: F. and J: F. Civics of Montana. Butte. 1896. 
Eldredge, G. H. Montana Coal Fields. {In Report of 10th U. 
8. Census, Yol. 15.) 

Ellis, E: S. Path in the ravine: [fiction.] Phil. 1895. 

Flora of the Great Falls coal fields, Montana. {In Am. Journal 
of Science, Vol. 141.) 

Gilbert, Fk. T. Resources, business and business men of Mon¬ 
tana. 1888. pph. 

Great Northern country, The. [St. Paul, 1895.] 

Greely, A. W. Explorers and travelers. N. Y. 1893. 

Griffin, S. B. Five graves in Montana. {In Lipp. Mag. Yol. 32.) 
Grohman, W. A. Baillie. Mountain trails in Montana. {In 
Lipp. Mag. Yol. 32.) 

Guttill, A. B. Ramble in wonderland. St. Paul. 1891. 

Hayden, F. V. Geysers of Montana. {In Am. Nat. Yol. 7.) 

Great West, The. Bloomington, Ill. 1880. 

History of Montana. Chic. 1885. 

Howard, O. O. Nez Perce Joseph. Bost. 1881. 

Hyde, J: Northern Pacific tour. St. Paul. 1888. 

Ide’s Map of Montana; comp, and drawn by Reeder & Helmick. 
Helena. 1890, ’94. 2 maps. 

King, W: H., and Sara King Wiley. Yosemite, Alaska and the 
Yellowstone. N. Y. 1893. 

Koch, P. Climate of Montana. {In Science, Vol. 7.) 

Langford, M. P. Vigilante days and ways: the pioneers of Mon¬ 
tana, Idaho, Washington, Oregon and Wyoming. 2 v. 
Bost, 1890. 


118 


CIVICS OF MONTANA. 


Lewis, M., and W: Clark. Travels from St. Louis by way of the 
Missouri and Columbia rivers to the Pacific Ocean, in 1804, 
1805, 1806. Lond. 1809. 

Same: with five portraits of Indians. Phil. 1809. 

Same. Lond. 1807. 

Same. 2 vols. Phil. 1814. 

Same. 3 vols. Lond. 1815. 

Same. • 3 vols. Lond. 1817. 

Same. 2 vols. Dayton, O. 1840. 

Same. See Biddle, and Coues. 

Same: Patrick Gass’s account. Phil. 1811. 

Ludlow, -. Carroll, Montana, to Yellowstone National Park. 

1875. 

MacKnight, J. A. Mines of Montana. Helena. 1892. 

Maguire, W. H. An early governor of Montana. {In Mag. West. 
Hist., Yol. 13.) 

Map showing the land grant of the N. P. R. R. Co. in Montana, 
Idaho and in part of North Dakota and in part of eastern 
Washington, reaching from Dickinson, N. D., to Ritzville, 
Wash. 

Mathews, A. E. Pencil sketches of Montana. N. Y. 1868. 
Meagher, T. F. Rides through Montana. (In Harper’s Mo., 
Yol. 35.) 

Miller, Joaquin. Illus. hist, of the state of Montana. Chic. 
1894. 

Montana. A. O. U. W. Grand Lodge. Formation and journal of 
proceedings, 1890. pph. 

Journal of proceedings, 1891-95. 4 pphs. 

Adj. Gen. Reports, 1890-94. 4 pphs. 

A. F. and A. M. Grand Lodge. Reprint of the proceedings, 
1866-’72. 

Proceedings, 1873-95. 23 pphs. 

Auditor and Treasurer. Report, 1889-91. 3 pphs. 

Baptist Assn. Annual sessions, 1890-’93,’95. 5 pphs. 

Bureau of Agriculture , Labor and Industry. Report, 1893-94. 
2 v. 

Information relating to R. R. rates, lands, products, wages, 
rates of living and health conditions. May, 1893. pph. 
Montana, “ the treasure state.” 1895. pph. 


BIBLIOGRAPHY. 


119 


Historical Society. Catalogue of the library, 1892. pph. 

ContributioDS. Vol. 1. Helena [1877]. 

K. T. Chartered Commanderies and Appendant Ordei s. 
Proceedings of the convention, May, 1888, with the constitu¬ 
tion adopted, and Subsequent proceedings of the 1st session 
of the Commandery of Montana, pph. 

Grand Commandery. Proceedings of annual conclave, 
1889-93. 5 pphs. 

Legislative Assembly. Codes and statutes. 2 v. 1895. 
Compiled statutes, 1887. 

Laws, memorials and resolutions, 1871-74. 3 v. 

Laws, resolutions and memorials, 1887, ’91, ’93. 3 v. 

Military code, 1895. pph 
Revised statutes, 1879. 

National Guard. Register, Dec. 1893. pph. 

P. E. Church. Annual convocation, 1895. pph. 

R. A. Masons. Grand Chapter. Constitution, pph. 

Proceedings of convocation, 1891-93. 2 pphs. 

St. Bd. of Equalization. Reports, i890-’94. 3 pphs. 

St. Bd. of Commissioners for the Insane. Report, 1892. pph. 
St. Bd. of Land Commissioners. Report, 1892. pph. 

St. Bd. of Pardons. Report, 1891-92. pph. 

St. Bd. of Prison Commissioners. Report, 1891-92. pph. 

St. Irrigation Convention. Report of proceedings, 1892-’94. 
3 pphs. 

St. Fair. Premium list, 1894. pph. 

St. Horticultural Society. Rules, regulations and premium 
list, 1895. pph. 

St. Supt. of Public Instruction. Report, 1889-94. 4 pphs. 

St. Treasurer. Report, 1893, ’94. 2 pphs. 

Supreme Court. Reports of cases, 1868-94. 14 vols. 

Montana. (In Spectator, Yol. 61.) 

Montana: a complete and comprehensive description of the agri¬ 
cultural, stock raising and mineral resources of Montana. (Iss. 
by U. P. passenger dept. 1894.] pph. 

Montana Mining Area supplement, July, 1894. pph. 

Montana territory. (In De Bow’s Com. Rev., Yol. 5.) 

Monteith, J. Barnes’s complete geography. N. Y. 1885. 


120 


CIVICS OF MONTANA. 


Mullan, J: Report on the construction of a military road from 
Fort Walla Walla to Fort Benton, Wash. 1893. 

Munson, L. E. Montana as it was and is. (In New Englander, 
Vol. 51.) 

Nealley, E. B. Year in Montana. {In Atlantic, Vol. 18.) 

Pace, J: W. and H. J. Mock, comps. Montana blue book 
Helena. 1891. 

Palladino, L. B. Indian and white in the northwest; or, A history 
of Catholicity in Montana. Balt. 1895. 

Polk, R. L», & Co., pubs. Minnesota, North and South Dakota 
and Montana gazetteer and business directory, 1886-93. 5 v. 

Ralph, J. Moutana—the treasure state. {In “Our Great West;” 
also In Harper’s Mo., Vol. 85.) 

Rand, McNally & Go.,pubs. Indexed county and R. R. map of 
Montana, 1892. 

Indexed county and township map of Montana [1883]. 

New county, township and R. R. map of Montana. 1888. 

Ray, Anna C. In Blue Creek canyon: [fiction.] N. Y. 1892. 

Richardson, A.. D. Beyond the Mississippi. Hartford [1887]. 

Rideing, W: H. Boys in the mountains and on the plains: [fiction]. 
N. Y. 1882. 

Roosevelt, Theo. Ranch life and the hunting trail. N. Y. [1888]. 

Wilderness Hunter. N. Y. 1893. 

Rothwell, R: P., ed. Mineral industry, The. 3 v. N. Y. 1892-4. 

Schwatka, F: Wonderland, with description of the country 
traversed by the N. P. R. R.; by J: Hyde. .St. Paul. 1886. 

Shields, G. O. Antelope hunting in Montana. {In Harper’s Mo., 
Vol. 69.) 

Cruising in the Cascades. Chic. 1889. 

Snow, W. R. Official map of the territory of Montana. 1886, 

Stanley, E. J. Rambles in wonderland. N. Y. 1877. 

Statistics of Montana, 1869. {In Barnard’s Am. J. of Education, 
Vol. 18.) 

Steele & Co., pubs. Montana advertising directory, 1883-4. 

Stkahorn, R. E. Montana and the Yellowstone National Park. 
Ks. City. 1881. 

Stuart, G. Chinook jargon. (Smith. Cont. to Knowledge.) 

Topping, E. S. Chronicles of the Yellowstone. St. Paul. 1885. 


BIBLIOGRAPHY. 


121 


United States. Corps of Engineers. Examination of the Mis¬ 
souri river from Three Forks to Canyon Ferry, Mont. 8 
maps. Wash. 1894. 

Report on explor. of the Yellowstone river, by W. F. Raynolds; 
with Geol. report of explor. of Yellowstone and Missouri 
rivers, by F. V. Hayden, 1859-60. 

General Land Office. Map of the state of Montana. 1892. T: 
H. Carter, comm. 

Same. 1894. S. W. Lamoreux, comm. 

Geol. Survey of the Territories, F. V. Hayden , geologist. Pre¬ 
liminary report of Montana and portions of adjacent terri¬ 
tories, 1871. 

Report... .embracing portions of Montana, Idaho, Wyoming 
and Utah, 1872. 

Treasury Dept. Mineral resources of the states and territories 
west of the Rocky Mts., Mch. 1868; by J. R. Browne and J. 
W. Taylor, commissioners. 

Mineral resources of the United States (west of the Rocky 
Mts., Nov. 1866; by J. R. Browne and J. W. Taylor, special 
commissioners. 

Statistics of mines and mining in the states and territories 
west of the Rocky Mts., 1869-75; by R. W. Raymond, com¬ 
missioner. 7 vols. 

Van Rensselaer, H. Catholic church in Montana. (In Am. Cath. 

Quat., Vol. 12.) 

Warner, F. W., comp. Montana territory history and business 
directory, 1879. Helena. 

Wheeler, O. D. Indianland and Wonderland. St. Paul. 1894. 

Six thousand miles through wonderland. St. Paul. 1893. 

Sketches of wonderland. 1895. 

Williams, H. L. Picturesque west. N. Y. 11891] 

Willson, S. A. Chapter of the history of Montana. (In Mag. 
West. Hist., Vol. 13.) 

Wilson, H. M. Irrigation problem in Montana, (hi Nat. Geog. 
Mag., Vol. 2.) 

Wolfe, J. M., & Co., pubs. Gazetteer and business directory of 
the U. P. R. R. and branches. Omaha. 1890. 

Wonderland of the world. St. Paul. 1884. 

Ziegenfcss, C. O. Western Montana, pph. 


122 


CIVICS OF MONTANA. 


Beaverhead county. 

Shields, G. O. Battle of the Big Hole. Chic. 1889. 

Custer county. 

Custer, Eliz. B. Boots and saddles. N. Y. [1885] 

King, C : Marion’s faith : [fiction.] Phil. [1886] 

* Shields, G. O. Hunting in the great west (Rustlings in the Rock¬ 
ies.) Chic. 1890. 

Deer Lodge county. 

Anaconda Capital Committee. Anaconda, Montana. 1894. 
Deer Lodge.] College of Montana. Announcements, 1895-6. 

pph. 

Annual catalogue, 1883-’84, ’85-’92. 6 pphs. 

College of Montana and School of Mines. Annual cata¬ 
logue, 1894-5. pph. 

Pierce, L. J., comp . Anaconda city directory, 1896; pub. by 
Evans & McMurray. 

Flathead county. 

Ryan, Marah E. Told in the hills: [fiction] Chic. [1891] 
Gallatin county. 

[Bozeman] Montana College of Agriculture and Mechanic 
Arts. Annual catalogue, 1894-5. pph. 

Reports of the president and faculty, 1894. pph. 

R., I. Lady’s ranch life in Montana. Lond. 1887. 

Lewis and Clarke county. 

Bickel, P. S. A., and W. D. Ramsey, comps. Topographical map 
of Lewis and Clarke county. 

Few, A, reasons why Helena is a desirable place to invest, pph. 
Helena. Charter and ordinances, 1887, ’90. 2 v. 

Board of Trade. Helena illustrated. Minneapolis, 1890. 

Report for 1887. pph. 

Free Public Library. Catalogue, 1892. 

Ide, A. W., pub. Helena city directory, 1889. 

Ide, A. W., and W. D. Ramsey. Helena, Montana: its past, pres¬ 
ent and future. 1891. 

Ide’s Map of Helena: drawn by Reeder & Helmick. 

Same ; drawn by P. F. Davis. 


BIBLIOGRAPHY. 


123 


Miller, D. A., comp. Helena city directory, 1886-’87. 

Montana Directory Co., pubs. Helena city directory, 1888. 
National Mining Congress. Souvenir for the annual convention, 
Helena, 1892. 

Polk, R. L., & Co., pubs. Helena city directory, 1890-’95. 6 v. 
Roberts, E. Helena, Montana. (In Harper’s Mo., Vol. 77.) 

Same. (In Mag. West. Hist., Yol. 13.) 

St. Paul’s M. E. Church. Year book and directory, 1893-4. 

Madison county. 

Cope, G: F. Statistical and descriptive report upon the mines, 
farms and ranges of Madison county. Virginia City. 1888. 
pph. 

Dimsdale, T: J. Vigilantes of Montana. Virginia City. [1865] 
Handley, J. Resources of Madison county. 

Norton, H. J. Wonder-land illustrated. Virginia City. [1873] 
Meagher and Park counties. 

Hatch, Mrs. E. D. Views of life in the Crazy Mts. (In Pop. Sci. 
Mo., Vol. 30.) 

Wolff, J. E. Geology of the Crazy Mts. (In P»ull. Geol. Soc. 
Amer., Vol. 3.) 

Missoula county. 

[Missoula] University of Montana. Circular of information, 
1895-6. pph. 

Park county. 

Weed, Wa. H. Cinnabar and Bozeman coal fields of Montana. 
[In Bull. Geol. Soc. Amer., Vol. 2.) 

Glaciation of the Yellowstone valley north of the National 
Park. (U. S. Geol. Survey, Bulletin No. 104.) 

Laramie and Livingston formation. (U. S. Geol. Survey, 
Bulletin No. 105.) 

Two Montana coal fields. (In Bull. Geol. Soc. Amer., Vol. 3.) 
Silver Bow county. 

Bates, Josephine. Blind lead: [fiction] Phil. [1888] 

Blake, W. P. Rainbow lode, Butte City. (In Trans. Am. Inst. 
Mining Eng., Vol. 16.) 

Silver mining and milling at Butte. (In Trans. Am. Inst. 
Mining Eng., Vol. 16.) 


124 


CIVICS OF MONTANA. 


Brown, R. G. Ore deposits of Butte City. (In Trans. Am. Inst. 
Mining Eng., Yol. 23.) 

Surface and underground practice at the mines of Butte. (In 
Mineral industry for 1894.) 

Butte, City Council. Compiled ordinances, 1893 ; comp, by J: 
W. Cotter. 

City Engineer. First, annual report, 1890 ; by J. H. Harper, pph. 

Second report, 1890-95 ; by F. W. Blackford, pph. 

Free Public Library . Catalogue, 1894; comp, by J: F. Davies. 
Crofutt, G: A., comp. Butte City directory, 1885-6. 

Davies, J: F. Great dynamite explosions at Butte, Montana, J an. 
15. 1895. 

Emerson, W. G. Gray Rocks: [fiction]. Chic. 1894. 

Emmons, S: F. Notes on the Geology of Butte. (In Trans. Am. 
Inst. Mining Eng., Yol. 16.) 

Pearce, R: Association of minerals in the Gagnon vein, Butte. 

(In, Traus. Am. Inst. Mining Eng., Yol. 16.) 

Polk,R. L. & Co., pubs. Butte City directory, 1884-85; ’88-95. 7 v. 
Rath, G. vom. Grangrevier von Butte. (In N. Jahrb, f. Min., 
Geol., u. Pal., 1885, Bd. 1.) 

Read, J: B. Resources of Butte; pub. by Butte Chamber of 
Commerce, Nov. 1895. pph. 

Roberts, E. Butte, Montana. (In Harper’s Mo., Yol. 77.) 


GLOSSARY OF LEGAL TERMS. 


125 


GLOSSARY OF LEGAL TERMS. 


Certiorari : A writ to review the proceedings of inferior 
courts and officers exercising judicial powers. 

Civil Action : A proceeding to enforce the rights and redress 
the wrongs of the individual. 

Criminal Action : A proceeding to secure conviction and pun¬ 
ishment for a crime against the state. 

Escheat : A reversion of property to the state in consequence 
of the want of an individual competent to inherit. 

Felony : An offense which is punishable by death or imprison¬ 
ment in the penitentiary. 

Franchises : A special privilege from the government to indi¬ 
viduals. 

Habeas Corpus : A writ directed to a person detaining another 
in custody commanding him to “have the body” of the person 
brought before the court for a specified purpose. 

Initiative and Referendum : A system by which legislation 
is referred to and acted upon by the people. 

Injunction : A writ, equitable order or decree, prohibiting a 
person or his agents or servants from doing a specified act. 

Mandamus : A writ compelling inferior courts or officers to 
perform their duties. 

Misdemeanor : An offense which does not subject the offender 
to punishment in the penitentiary. 

Probate : Approval of the sufficiency of a will by a proper 
court. 

Prohibition : A writ which commands a person or tribunal not 
to do something. 

Quo Warranto : A writ to determine by what authority per¬ 
sons claiming or usurping an office are acting. 

Statute : An act of legislation ; a written law. 



INDEX 


PAGE 

Alder Gulch. 22 

American citizens.106 

American Fur Co. 21 

Analogy between U. S. and 

state governments. 93 

Arms of France. 20 

Ashley, Gen. 21 

Assessment..84, 86 

Assessors.29, 34 

Attorney General. 60 

Attorneys.29, 31, 79 

Auditors.34, 36 

Bibliography.116 

Big Hole, Battle of the. 22 

Bill of rights.. 52 

Bonded indebtedness.90 

Bribery. 70 

Butte. 22 

Chief Engineer. 29 

Chief of Police.29,30, 31 

Circulating libraries. 48 

Cities.26, 27 

Citizenship.102 

City Attorney. 29, 31 

City C'erk. 29 

City Council.28 

City Engineer.29, 30 

City Marshal. 30 

City Physician. 30 

City Supt. of Schools. 44 

City taxes. 87 

City Treasurer. 29 

Civil Code.. 14 

Civil government.. 11 

Civil service.100 

Clerk of the District Court 

.34, 80 

Codes.14, 24 

Collector of Taxes. 88 


PAGE 

Common defense, Provision 


for.....'..103, 105 

Common law. 15 

Constables. 26 


Constitutional Convention.. 23 


Constitutionality of laws. 12, 15 

Constitutions. 

.11, 12, 13, 51, 52, 93 

Coroner.34, 80 

Corporations, Taxation of .. 85 

Counties. 26, 33 

County Attorney. 79 

County Auditor.34, 36 

County Assessor. 34 

County Clerk.34. 35 

County Commissioners. 34 

County indebtedness. 90 

County taxes. 87 

County Supt. of Schools .34, 13 

County Surveyor..34, 36 

County Treasurer.34, 35 

Courts.14, 15, 72 

Culbertson, Alex. 21 

Custer, Gen. 22 

Debtp, Public. 90 

Description of Montana . ... 20 

De Smet, Father.. 22 

District Court.73,75, 80 

Domestic Tranquillity, Pres¬ 
ervation of. .103, 105 

Education. 39 

Enabling Act...39, 53 

Executive officers. 55 

Fees.. 89 

Finance. 84 

Fines. 89 

Fire department. 30 

Foreign governments. 12 

Fort Benton... 21 







































































INDEX. 


127 


PAGE 

Fort Philip Kearney. 22 

Fort Union. 21 

France, Arms of. 20 

Franchises. 88 

Fur traders. 21 

General welfare, Promotion 

of.104, 105 

Gibbons, Gen. 22 

Gold mining.22 

Government, Objects of.102 

Governmental authority.... 51 

Governor. 55 

Graphical outline of sources 17 

Health department. 30 

Helena. 22 

History of Montana.20 

Holidays, Legal. 74 

Impeachment.13, 65 

Indian service.. 97 

Indian tribes. 12 

Indian wars. 22 

Industries...23, 24 

International law. 12 

Jesuit missionaries.21 

Justice, Establishment of 

.102, 104 

Judges, District. 74 

Judiciary. 

.14, 26, 30, 72, 74, 76, 97 

Justices of the Peace.26, 76 

Justices of the Supreme 

Court... 72 

Land Commissioners..._40 

Land offices.100 

Last Chance Gulch... 22 

Laws.12, 14, 15 

Legal holidays.74 

Legislative Assembly.14, 62, 64 

Legislation, Special. 67 

Lewis and Clarke. 21 

Liberty, Maintenance of. 103, 105 

Libraries. 48, 88 

Licenses. 88 

Lieutenant-Governor. .58 

Lisa, Emanuel. 21 

Little Big Horn, Battle of the 22 
Mayor. 28 


PAGE 


Miles, Gen. 22 

Mining. 22 

Missionaries.21, 22 

Missouri Fur Co. 21 

Municipal government. 26 

Municipal indebtedness. ... 90 
Negroes, Political rights of.. 23 

Notaries Public. 81 

Officers.55, 57 

Outlines for studv.... 19, 25, 

31, 32, 37, 50, 54, 61, 71, 82, 92 

Penal code. 14 

Per capita taxes. 84 

Police department... .30, 31, 77 

Political code. 14 

Poll tax. 84 

Population, Increase of. 23 

Post-offices.99 

Property taxes.85 

Public Administrator... .34. 81 
Public improvements, Tax 

for. 88 

Public lands. 97 


Public property, Revenues 


from. 89 

Railroads, Taxation of. 85 

Representatives. 62 

Republican form of govern¬ 
ment required. 93 

Revenues.84, 89 

Road tax.84 

Rocky Mt, Fur Co. 21 

Schedule. 53 

School libraries. 48 

School districts.44, 90 

School election. 45 

School fund. 40 

School taxes. 87 

School Trustees. 45 

Secretary of State. 58 

Senators. 63 

Sewerage system. 88 

Sex in education. 48 

Sheriff.34, 78 

Silver Bow placers. 22 

Sinking fund.91 

Sovereignty. 95 


















































































128 


INDEX. 


PAGE 

Sprinkling tax. 88 

State Auditor. 59 

State Board of Education.. 41 
State Board of Land Com¬ 
missioners. 40 

State indebtedness. 90 

State taxes. 86 

State Treasurer. 60 

Statehood. 23 

Statistics.; 109 

Streets.29, 30 

Superintendent of Public In¬ 
struction.42 

Superintendent of Schools.. 

.34, 43, 44 

Supreme Court. 72 

Taxes.84, 85, 86, 88, 98 

Teachers’ certificates. 46 

Teachers’ institutes. 46 


PAGE 

Territorial changes. 23 

Text books, Uniform system 

of. 41 

Towns and cities.26, 27 

Townships.26, 90 

Trappers. 21 

Treasurers.29, 34, 35 

Treaties. 12 

United States civil service. .100 
United States and state gov¬ 
ernments . 93 

United States, School Policy 

of. 39 

United States taxes. 98 

Yerandrye, Chevalier de La. 20 

Waterworks. 88 

Women in education. 48 

Yellowstone steamship. 21 






























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